REVISION 


BY-LAWS  AND  ORDINANCES 


REVISER'S  REPORTS 

TO  THE 

Common  Council^ 


lEx  ICtbrtfi 


SEYMOUR  DURST 


When  you  leave,  please  leave  this  book 

Because  it  has  been  said 
"Ever  thing  comes  t'  him  who  waits 

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Avery  Architectural  and  Fine  Arts  Library 
GiiTOF  Sr.YMOUR  B.  Dl RST  Old  York  Library 


Document  Mo.  83. 


BOARD  OF  ALDERMEN, 

APRIL  9,  1838. 

The  Committee  on  Laws^  <^c.  of  both  Boards  presented  the  following  repor  t 
on  the  Reviser^s  Reports  on  the  Ordinances  and  Resolutions  of  the  Common 
Council,  ichich  teas  laid  on  the  table  and  directed  to  be  printed  for  the 
use  of  the  members. 

THOMAS  BOLTON,  Clerk. 


The  Committee  on  Laws  of  both  Boards,  most  respectfully  Report: 
That  the  Reviser  of  the  City  Ordinances,  appointed  by  the  resolution  of 
the  Common  Council  of  the  11th  of  July  last  past,  has  according  to  the  exi- 
gency of  that  resolution,  submitted  to  the  supervision  of  this  Committee  ^ 
that  portion  of  the  work  contained  in  the  printed  document  herewith  sub- 
mitted. The  Cf  mmittee  have  examined  the  same,  and  now  present  it  for 
the  consideration  of  the  Common  Council. 

In  his  prehminary  report,  prefixed  to  this  revision  of  the  ordinances,  tlie 
Reviser  states,  that  the  general  principle  by  wliich  he  has  endeavored  to 
govern  himself,  is  so  to  frame  the  ordinances  as  to  separate  the  legislative 
from  the  executive  departments  of  government.  This  is  undoubtedly  the 
principle  of  the  amended  charter.  But  from  the  emphasis  he  lays  upon  it, 
the  mference  might  be  drawn,  that  the  adoption  of  tliis  principle  would  lead 
to  great  alterations  in  the  ordinances  and  modifications  of  the  departments, 
but  for  his  subsequent  remark,  that  the  existing  ordinances  are  framed  up- 
on this  principle,  and  that  "  the  instances  are  few,  ui  which  executive  du- 
ties are  conferred  on  Committees  by  the  ordinances."  In  the  ordinances 
now  submitted,  but  two  instances  occur  in  which  the  Reviser  suggests  the 
propriety  of  relieving  the  Committees  from  powers  now  exercised  by  them ; 
one  is  on  page  21,  in  sec.  5,  subd.  4,  which  is  a  new  section  suggested  by 
the  Reviser,  giving  power  to  the  Comptroller  to  appoint  Appraisers 


11 


on  renewal  of  leases ;  wliereas  the  resolution  of  the  Common  Council, 
cited  in  the  note  as  that  by  wliich  this  section  was  suggested,  associated 
the  Finance  Committee  with  the  Comptroller:  the  other  instance  is 
on  p.  44,  ^  2,  where  it  is  proposed  to  relieve  the  Finance  Committee  of 
the  duty  of  passing  upon  surety  bonds,  and  to  leave  it  to  the  Comptroller, 
as  an  executive  duty. 

This  Committee  approve  of  the  first  above  proposed  amendment,  but  not 
of  the  second  The  duty  of  passing  upon  surety  bonds  and  approving  of 
security  is  a  dehcate  and  responsible  one,  and  more  likely  to  be  exercised 
with  the  due  severity  and  scrutiny  by  many  than  by  one ;  and  it  is  not 
clearly  an  executive  duty.  To  enable  the  Common  Council  to  see  at  a 
glance,  the  several  executive  powers  conferred  by  the  general  ordinances 
upon  the  Committees,  the  Reviser  has  furnished  anoteof  the  several  ordi- 
nances conferring  such  powers,  and  the  same  is  hereto  annexed. 

Many  new  sections  and  parts  of  sections  are  recommended  by  the  Re- 
viser for  adoption. .  Their  tendency  and  intention,  in  most  if  not  in  all  in- 
stances, is  to  carry  out  into  greater  detail  the  principles  of  the  existing 
ordinances ;  to  give  greater  vigor  to  the  departments,  and  by  declaratory 
enactments  to  bring  into  the  code  of  ordinances,  provisions  of  the  Charter. 
It  is  beHeved  that  in  every  instance  in  which  any  alteration  (except  it  be 
merely  verbal,)  or  addition  or  amendment  is  made  and  contained  in  the 
ordinances  as  now  submitted  for  enactment,  it  is  distinctly  noted  in  the 
Reviser's  Notes ;  and  the  references  contained  in  the  notes  will,  if  exa- 
mined, enable  the  members  to  decide  upon  the  expediency  of  the  amend- 
ments proposed. 

The  Committee  would  call  the  attention  of  the  Common  Council,  parti- 
cularly t©  the  following  sections,  as  those  containing  the  only  material 
questions  on  which  differences  of  opinion  are  likely  to  arise,  or  as  requiring 
particular  consideration,  as  proposed  amendments,  to  wit:  chapter  1,  title 
1,  §  2,  3,  6,  9,  10 ;  title  2,  §  4.  subd.  3,  6, 8,  9,  11,  14,  §  5,  subd.  2,  4 ;  title 
4,  (of  the  Chamberlain,)  ^  4 ;  title  6,  (of  Arrears  of  Taxes,)  notes  ;  title  7th, 
(of  Assessments,)  notes  ;  title  8,  ^8,  ch.  3,  (Pubhc  Administrator,)  ^  11,  and 
title  1.  of  the  City  Debt. 

The  Reviser  has  requested  the  direction  of  the  Common  Council,  as  to 
the  plan  upon  which  the  revision  shall  be  prosecuted.  It  would  be,  as  he 
states,  a  hteral  compliance  with  the  resolution  under  which  he  acts,  to 
make  a  collection  of  the  various  ordinances  and  resolutions  arranged  under 
their  appropriate  heads,  omitting  what  have  been  repealed,  and  embodying 
amendments  in  the  ordinances  themselves. 

Great  advantages  will  no  doubt  result  from  making  the  revision  upon  the 
system  hitherto  pursued  by  the  reviser.  These  advantages  are  referred  to 
in  h\s  report,  and  an  examination  of  the  specimen  of  the  work  now  Fub- 


iii 


mitted  for  consideralioii,  will  make  them  understood.  At  the  same  time 
the  labor  will  be  greatly  increased  and  the  expense  much  heavier. 

Upon  this  subject  the  Committee,  without  having  formed  a  definitive 
judgment  upon  the  subject,  would  bring  it  before  the  Common  Council,  by 
submitting  the  following  resolutions  : 

Resolved,  That  the  Reviser  of  the  Ordinances  and  Resolutions  of  the 
Common  Council  be  directed  to  proceed  in  such  revision,  upon  the  plan 
adopted  by  him,  in  the  Ordinance  "  concerning  the  Department  of  Fi- 
nance," now  submitted  to  the  Common  Council. 

Resolved,  That  the  sum  of  be,  and  is  hereby  appropriated,  as 

a  compensation  to  such  Reviser,  ui  addition  to  the  sum  heretofore  allowed. 

Resolved,  That  such  sum  be  paid  in  such  amounts  and  at  such  times  as 
the  Committee  on  Law^s  of  both  Boards,  shall  approve.  And  that  the 
Comptroller  pay  such  amounts  upon  the  certificate  of  such  Committee. 

M.  C.  PATERSON, 
D.  RANDELL, 
MURRAY  HOFFMAN, 
MORRIS  FRANKLIN. 


Reviser's  Nute  refartd  ti  in  Ike  foregoing  Report, 

Powers  and  Duties  of  the  Committees  of  the  Common  Council, 
f     UNDER  the  General  Ordinances  of  the  City. 

\st — The  Finance  Committee. 

To  approve  of  sureties  on  all  ofiicial  bonds.    Ordinances,  245  \  19. 

To  examine  the  Comptroller's  accounts  monthly.    Ord.  of  July 
2:3,  1834,  2  Pro.  a  a  21. 

To  district  the  wharves,  piers  and  slips,  and  prescribe  conditions, 
covenants,  &c.  of  leases  therefor.    Ord.  194,  ;  9. 

The  Chairman  of  Finance  Committee  of  each  Board  made  a 
Commissioner  of  the  Sinking  Fund.    Ord.  219,  1. 

For  duties  under  Ordinances  as  to  Fire  Loan,  see  3  P.  C.  C.  190, 
]  1.    Building  Loan,  4  P.  C  C.  40,  ;  4,  pa.  61.    Water  Fund,  4  P. 
C.  C.  42,  60.^ 
2d. — The  Market  Committee. 

To  have  the  entire  control  of  the  Markets,  Ord.  29,  ^  2 ;  to  direct 
Comptroller  as  to  leasaig  of  stalls,  &c-  ';•  3 ;  ^.0  appoint  persons  to  per- 


iv 

form  th«  menial  duties  of  Markets,  Ord.  30,  {  5 ;  to  receive  from 
Market  Clerks  their  reports  of  suspensions  of  stall  holders,  Ord.  26, 
5  13 ;  to  confirm  or  revoke  such  suspensions,  Ord.  27,  $  14 ;  to  grant 
permits  for  occupation  of  stands.  §  15.  pa.  30,  5  6.  3  P.  C.  C,  96. 
Ord.  32  5  3,  38,  §  16.  To  receive  from  Clerks  reports  of  forestallers, 
Ord.  28,  ^^22.  Joint  Committee  formed,  Ord.  29,  §  1.  IP.  C.  C  216. 
Sd. — Committee  on  Lamps  and  Gas. 

Committee  and  Superintendent  to  appoint  Lamplighters,  3  P.  C. 
C.  152. 
^th. — Committee  on  Streets. 

Street  Commissioner  to  submit  to  them  all  estimates  for  making 
wells  and  pumps,  and  paving  and  repairing  streets,  before  making 
contract.    Ord.  53,  5  4. 
5th. — Committee  on  Roads  and  Canals. 

Such  Committee  shall  be  appointed,  Ord.  64,  \  25.  The  Street 
Commissioner  to  submit  to  them  all  estimates  for  making  canals, 
sewers  and  roads.    Ord.  53.  \  4. 

The  Superintendent  of  Roads  in  repairing  roads,  to  follow  direc- 
tions of  this  Committee..    3  P.  C-  C  267. 
Qth, — Committee  on  Wharves,  <^c. 

To  select  berths  for  manure  boats,  in  conjunction  \vith  Alderman 
and  Assistant  of  ward,  and  Supermtendent  of  Streets.  Ord.  85,  \  6. 
The  Street  Commissioner  to  submit  to  them  all  estimates  for  build- 
ing wharves  and  piers  before  making  contracts.    Ord.  58.  $  4. 

Made  a  Joint  Committee  2  P.  C-  C 13.    Repealed  3  P.  C-  C  15. 
1th, — Committee  on  Fire  and  Water, 

With  Chief  Engineer,  to  cause  all  engines  to  be  repaired.  Ord. 
141,^8. 

To  take  engine,  &c.  from  Fire  Company.    Ord.  145,  \  20. 

To  hear  remonstrances  of  Firemen  against  their  removal,  p.  146, 
\  24.  2  P.  C.  C.  20. 

To  prescribe  alarms  of  fire,  2  P.  C.  C.  366,  \  2. 

To  examine  estimates  for  works  of  the  Water  Purveyor.  Ord. 
176,  \  9. 

To  approve  of  estimates  for  making  new  engines  before  Chief 
Engineer  makes  contracts.    Ord.  177,  \  5. 

To  advise  Chief  Engineer  and  Superintendent  of  Buildings  as  ta 
sale  of  old  engines,  &.c.    Ord.  243,  \  8. 

Joint  Committee  formed,  April  19,  1832.    1  P.  C.  C  171. 


EEVISEK'S  REPORT. 


To  the  Honorable  the 

Common  Council  of  the 

City  of  New  York 

The  Reviser  of  the  By-Laws  and  Ordinances  of  the  City  of 
New  York,  appointed  by  the  resolution  of  the  21st  of  July, 
1837,  respectfully 

REPORTS: 

That  he  has  the  honor  of  submitting  herewith,  a  revision  of 
the  By-Laws  and  Ordinances  relating  to  the  Department  of 
Finance,  and  to  the  Accountability  of  Officers : — To  the  for- 
mer of  these  titles,  he  has  added  a  revision  of  the  Chapter  as 
to  Collectors  of  Assessments.  The  Chapters  relating  to  the 
City  Stocks,  to  the  Common  Schools,  and  to  the  Public  Ad- 
ministrator, will  next  be  submitted ;  and  these  Chapters,  to- 
gether with  those  now  submitted,  will  embrace  nearly  all  those 
Ordinances,  the  subjects  matter  of  which  are  so  connected,  as 
to  need  consideration  when  legislating  on  the  subject  of  the 
City  Finances.  This  department  has  been  selected  as  the  first 
for  reviiion,  for  it  affects  all  the  others. 


4 


On  entering  upon  the  duties  of  his  appointment,  the  reviser 
found  hinnseif  embarrassed  by  doubts  as  to  the  views  of  the 
Common  Council  in  respect  to  the  proposed  revision  of  the 
City  Ordiniuices.  The  resolution,  under  which  he  acts,  simply 
directs  '-that  a  revision  of  the  Ordinances  be  made"  by  him 
"  under  the  general  supervision  of  the  Committee  on  Laws  of 
both  Boards."  The  obligation  of  the  resolution  would  be  per- 
formed, by  collecting  the  various  ordinances,  and  resolutions 
oi  the  Common  Council  having  the  force  of  ordinances,  which 
have  been  passed  since  the  revision  of  1834,  and  incorporating 
them  with  the  existing  Ordinances,  by  such  alterations  of  lan- 
guage as  might  be  required  to  consolidate  the  old  and  the  new  ; 
by  omitting  what  is  repealed,  and  altering  the  original  so  as 
to  conform  to  the  amendments.  Some  circumstances  favored 
the  conclusion,  that  such  a  revision  only  was  contemplated  by 
the  Common  ("ouncil.  It  would  meet  the  evils  mentioned  by 
the  Committee  which  recoiiimended  the  revision  and  the  reso- 
lution;  and  called  for  an  amount  of  labor  which  was  com- 
paratively small,  and  which  could  be  speedily  despatched  even 
by  one  whoso  attention  was,  to  an  ordinary  degree,  devoted 
to  other  avocations. 

The  report  and  resolution,  however,  countenanced  the  idea 
that  the  Common  Council  contemplated  not  only  such  a  revi- 
sion as  is  above  described,  but,  also,  such  a  new  arrangement 
of  titles,  sections,  and  even  clauses  of  sections,  and  the  conse- 
quent alterations  of  language,  as  would  properly  methodise 
the  whole  system  of  City  By-Laws.  The  difficulty  of  ascer- 
taining "  the  actual  state  of  the  enactments  of  the  Common 
Council"  complained  of  by  the  Committee,  and  the  acknow- 
ledged want  of  arrangement  and  method  in  the  existing  ordi- 
nances, gave  countenance  to  this  plan  ;  although  it  might  re- 
quire in  its  execution  a  re-drafting  of  many  of  the  Ordinances, 
and  especially  of  those  relating  to  the  principal  departments. 

Again,  the  repeal  by  the  act  of  6th  April,  1837,  {Laws  1837 
pa.  145)  of  so  much  of  the  274  §  of  the  act  of  April  1813 — 2 
JV.  R.  L.  447 — which  limited  the  force  and  operation  of  the 


5 


Ordinances  of  the  Corporation  to  three  years  from  the  passing 
thereof ;  and  the  suggestion  of  the  Committee,  that  in  conse- 
quence of  such  repeal  "  it  is  probable  that  hereafter  the  legis- 
lation of  the  Common  Council  will  be  of  a  more  permanent 
and  solid  character,"  strongly  indicate  that  it  was  the  wish  of 
the  Common  Council  to  lay  a  basis  for  future  legislation,  by  so 
modelling  the  system,  that  all  future  legislation,  called  for  or 
suggested  by  the  interests  of  the  Corporation  and  of  the  people, 
and  the  experience  of  time,  should  find  its  proper  place  in  the 
system  now  to  be  arranged,  and  on  being  incorporated  there- 
in, should  aid  in  perfecting  it.  This  construction  of  the  reso- 
lution would  licence  the  reviser  in  treating  the  ordinances  with 
a  very  free  hand  ;  would  require  of  him  to  examine  not  only 
the  three  ancient  Charters,  but  all  Acts  of  the  Legislature, 
which  are  constituent  parts  of  the  Charter,  with  respect  to  each 
title  which  may  be  the  subject  of  legislation  or  revision ;  to 
ascertain  that  the  Ordinances  are  warranted  by  the  powers 
delegated  to,  and  are  within  the  limitations  imposed  on,  the 
Corporation ;  that  the  Ordinances  and  features  of  the  govern- 
ment conform  to  the  obligations  of  the  Charter ;  and  to  sug- 
gest all  such  matters  for  repeal,  alteration  and  enactment  as 
may  be  thought  necessary  to  meet  the  spirit  of  the  Charter. 
The  reviser  was  unwilling  of  himself,  to  construe  the  resolu- 
tion as  conferring  such  broad  powers,  and  to  assume  that  the 
Common  Council  in  passing  the  resolution,  contemplated  con- 
fiding to  him  a  work  so  important,  requiring  so  much  accuracy 
of  investigation,  and  fraught  with  so  much  labor. 

Being  thus  embarrassed  as  to  the  views  of  the  Common 
Council,  the  reviser  consulted  the  Committee  on  Laws,  and 
was  instructed  by  them  to  prepare  a  title  upon  the  last  and 
broadest  plan  of  revision,  to  the  end  that  the  same  might  be 
submitted  to  the  Common  Council,  and  on  consideration  of  it 
by  the  Common  Council,  their  instructions  given  as  to  the  plan 
to  be  pursued  for  the  residue. 

The  revision  of  the  Ordinances  now  submitted  for  considera- 
tion, has  been  made,  in  an  attempt  to  execute  the  instructionif 

1 


() 


of  the  Cornmiilce,  and  is  submitted  by  the  reviser,  not  without 
much  diffidence  as  to  its  execution.  But  still  he  has  not  at- 
tempted the  execution  of  the  plan  in  its  full  extent.  He  has 
not  proposed,  and  does  not  propose  to  himself,  in  revising  the 
remaining  ordinances,  even  should  this  plan  of  revision  meet 
with  the  approval  of  the  Cominon  Council,  to  propose  any  new 
laws,  or  the  incorporation  of  any  new  principles  into  the  code, 
or  rules  of  government.  He  proposes  merely  to  make  such 
suggestions,  as  shall  seem  to  him  important  to  bring  into  ope- 
ration, with  the  purposed  vigor,  the  principles  of  the  Charter, 
and  the  various  principles  of  the  Ordinances  revised.  He  will 
limit  his  labors  to  the  subjects  matter  of  the  existing  Ordinances. 
Other  matters  seem  to  him  not  to  belong  to  his  province,  or  to 
be  proper  for  his  consideration,  without  instructions.  They 
appertain  to  the  Common  Council  alone,  and  should  originate 
with  them. 

The  general  principle,  by  which  the  reviser  has  endeavored 
to  govern  himself  in  revising  this  department,  is  that  which  he 
believes  the  amended  Charier  to  have  rendered  obligatory  on 
the  Common  Council,  in  passing  laws  organizing  the  city  go- 
vernment ;  namely,  a  separation  of  the  legislative  from  the 
executive  departments.  By  the  amended  Charter  (Act  of 
April  7,  1830,  §1,)  it'  is  enacted  as  follows  :  "  The  legislative 
power  of  the  Corporation  of  the  City  of  New  York  shall  be 
vested  in  a  Board  of  Aldermen  and  a  Board  of  Assistants,  who 
together  shall  form  the  Common  Council  of  the  City."  And 
by  §  21  of  the  same  law,  it  is  enacted'that  "  The  executive  bu- 
siness of  the  Corporation  of  New  York,  shall  hereafter  be  per- 
formed by  distinct  departments,  which  it  shall  be  the  duty  of 
the  Common  Council  to  organize  and  appoint  for  that  pur- 
pose.*^ A  broad  line  of  distinction  is  here  drawn  between  the 
legislative  powers,  and  the  executive  powers  of  the  Corpora- 
tion. The  former  are  vested  in  the  Common  Council — the 
latter  in  some  other  parties  or  persons,  which  it  is  made  the 
"  duty  of  the  Common  Council  to  organize  and  appoint.**  This 
principle  the  reviser  has  endeavored  to  hold  in  view,  and  has 


7 

considered  the  Committees  of  the  Common  Council  as  but  a 
part  of  the  Common  Council,  and  therefore,  under  the  amended 
Charter,  limited  in  their  powers  to  those  which  are  legislative, 
and  as  restrained  from  the  exercise  of  those  which  are  execu- 
tive. Thou^^h  the  Charter  as  amended,  makes  a  distinction 
between  legislative  and  executive  powers,  it  does  not  define 
the  one  or  the  other  ;  and  such  definitions  were  unnecessary. 
The  words  are  in  familiar  use  in  respect  to  the  United  States 
government,  and  those  of  the  several  stales,  and  have  their 
meanings  well  established  ;  but  still  the  two  departments  so 
nearly  approach  each  other  in  their  outer  borders,  where  the 
discretion  necessarily  incident  to  the  legislator,  approaches  the 
discretion  necessarily  incident  to  the  executive  officer,  that  it 
is  not  at  all  times  easy  to  define  the  line  between  them.  But 
speaking  generally,  the  distinction  is  broad  and  well  marked  ; 
to  wit:  it  is  the  duty  of  the  Common  Council  to  make  the  laws, 
and  its  Committees,  as  parts  of  the  Common  Council,  may 
doubtless  aid  in  the  duties  of  legislation  ;  it  is  the  duty  of  the 
officers  of  the  departments  to  execute  the  laws  when  made. 
The  departments,  as  organized  by  the  existing  Ordinances,  are 
framed  on  this  principle ;  and  the  instances  are  few,  in  which 
executive  duties  are  conferred  on  Committees  by  the  Ordinances 
creating  the  departments.  And  on  an  examination  of  the  code 
of  Ordineftices,  it  v/ill  be  found,  that  although  the  Committees 
are  daily  engaged  in  the  performance  of  executive  business, 
such  business  is  not  charged  upon  them  by  the  general  Ordi- 
nances of  1834.  They  generally  derive  such  powers  from 
special  resolutions.  Whether  or  not  the  views  of  the  reviser 
on  this  subject  are  sound,  and  whether  or  not  he  has  properly 
construed  the  Charter,  is  respectfully  submitted. 

The  duty  imposed,  by  this  plan  of  revision,  of  comparing 
the  several  Ordinances  with  the  Charter,  renders  it  incumbent 
on  the  reviser  to  submit  to  the  Common  Council,  for  their  con- 
sideration, the  various  charter  provisions  which  aftect  his  judg- 
ment ;  he  proposes,  therefore,  submitting  to  the  Common  Coun- 
cil in  his  reports,  a  brief  notice  of,  and  reference  to,  these  pro- 


8 


visions  of  the  Charter,  as  contained  in  the  ancient  charters  and 
laws  of  the  State.  This  will  be  done,  as  with  the  ordinances 
now  subnnitted,  in  the  form  of  notes,  or  a  running  commentary 
on  the  matter  submitted.  But  these  notes  do  not  pretend  any 
further  reference  to,  or  citation  of  these  charter  powers  and 
limitations,  than  are  necessary  for  the  consideration  of  the  Com- 
mon Council,  when  acting  upon  the  ordinances  to  which  they 
relate. 

The  portion  of  the  work  reported  herewith,  is  prepared,  it  is 
believed,  in  conformity  to  the  views  above  expressed.  The 
remainder  of  the  revision  will  be  conducted  upon  the  same 
principles,  should  it  meet  with  the  approbation  of  the  Common 
Council ;  but  if  it  should  not  meet  with  such  approbation,  then 
in  accordance  with  such  instructions  as  the  reviser  shall  re- 
ceive, from  the  proper  authority,  when  the  subject  has  been 
better  considered. 

Most  respectfully  submitted, 

WM.  SAMUEL  JOHNSON. 
New  York,  Dec,  16,  1837. 


CHAPTER  1. 


AN  ORDINANCE 
CONCERNING  THE  DEPARTMENT  OF  FINANCE. 


The  Mayor t  Aldermen  and  Commonalty  of  the  City  of  New 
York  in  Common  Council  convened^  do  ordain  as  follows : 

TITLK  L 

§  1.  There  shall  continue  to  be  an  Executive  Department 
under  the  denomination  of  the  Department  of  Finance. 

« 

Note, — This  section  is  new,  but  taken  from  the  Ordinance  first  passed  un- 
der the  amended  Charter  relating  to  this  department,  1  Proc.  Com. 
Council,  14, 5  1.  It  was  omitted  in  the  revision  of  1834.  The  de- 
partment therefore,  though  now  recognized  by  law,  does  not  on  the 
book  of  the  City  By-Laws,  appear  to  be  established  by  law :  The 
Ordinance  w^hich  created  it  having  expired  by  the  Charter  limitation 
of  1813.   2  iN^.  J2.  L.  447,  §  274 

§  2.  The  forms  of  keeping  and  rendering  all  public  accounts 
whatsoever,  j'hall  be  prescribed  by  the  Department  of  Finance, 
and  all  accounts  rendered  to,  or  kept  in  the  several  depart- 
ments of  the  City  Government,  shall  be  subject  to  the  inspec- 
tion and  revision  of  the  officers  of  this  department. 
2 


10 


Not^. — This  section  is  new,  and  is  respectfully  submitted  as  of  importance, 
to  give  to  the  Comptroller  positive  authority  over  all  accounts  re- 
lating to  the  affairs  of  the  Corporation  ;  to  the  end  that  the  most 
perfect  and  uniform  system  of  accounts  may  be  arranged,  and  ac- 
countability of  officers  effected.  The  language  of  the  first  clause  is 
from  2  U.  S.  Laws,  305,  \  9,  and  the  rest  of  the  section  suggested  by 
3  U.  S.  L.  114,  ^  3,  4. 

§  3.  AIJ  claims  and  demands  whatever,  by  the  Corporation 
or  against  them,  and  all  accounts  whatever,  in  which  the  Cor- 
poration are  concerned,  either  as  debtor  or  creditor,  shall  be 
settled  and  adjusted  in  the  Department  of  Finance. 

Note.~-T\us  section  is  taken  from  6  U.  S.  L.  200,  \  2  (1817).  It  is  a 
provision  which,  if  adopted,  would  require,  as  the  reviser  has  rea- 
son to  believe,  considerable  changes  in  the  financial  business  of 
some  of  the  departments.  It  will  be  generally  admitted  as  desir- 
able, that  all  the  fiscal  affairs  of  the  City  should  be  settled  in  this 
department,  the  accounts  there  adjusted,  and  the  balances  paid. 
But  whether  this  is  feasible,  to  the  full  extent  of  the  principle  of 
this  section  as  submitted,  is  subject  to  doubt.  Accounts  which  arise 
out  of  contracts,  or  involve  the  expenditure  of  sums  in  lajge 
amounts,  may  be  thus  disposed  of;  but  those  which  relate  to  the 
expenditures  of  the  Commissioners  of  the  Alms  House — for  cleaning 
streets — and  the  employment  and  payment  of  laborers  are  of  a  dif- 
ferent character.  Still  it  seems  to  the  reviser  necessary  that 
there  should  be  such  a  general  provision  as  is  contained  in  this  sec- 
tion, so  as  to  dispose  of  alt  accounts  not  other^\^se  provided  for,  and 
the  addition  of  the  words  "  unless  otherwise  directed  by  ordinance," 
will  sufficiently  restrain  the  generality  of  the  provision. 

The  section  is  submitted  without  the  restraining  clause,  in  order 
that  the  subject  may  be  brought  to  the  attention  of  the  Common 
Council.    See  note  to  Tit.  2,  \  4,  suhd.  9. 

§  4.  The  chief  officer  of  the  department  shall  be  called 
"  The  Comptroller  of  the  City  of  New  York,"  and  shall  have 
the  superintendence  of  the  same. 

JVote. — The  Comptroller  is  nowhere  in  the  existing  ordinances  declared  to 
be  the  head  of  the  department.  Nor  is  more  positive  language  used 
to  give  him  general  authority,  than  in  the  title  here  proposed  to  be 


11 


amended,  to  wit :  that  he  us  appointed  "  to  superintend  th«  depart- 
ment." The  language  of  the  above  section  is  taken  from  the  act 
of  Congress  establishing  the  Navy  Department.  3  Bio.  U.  S.  Laivs, 
44,  and  Ord.  N.  Y.  107,  ^  1. 

§  5.  No  money  can  be  drawn  from  the  Cily  Treasury  ex- 
cept the  same  shall  have  been  previously  appropriated  to  the 
purpose  for  which  it  is  drawn. 

Note. — This  section  simply  declares  the  obHgation  imposed  by  the  amended 
Charter  of  1830,  §  18.  KeM's  Char.  103.  In  introducing  it  into 
the  ordinances,  the  reviser  follows  the  precedent  of  the  Revised 
Statutes,  which  frequently  in  this  form  declare  the  provisions  of  the 
Constitution.  This  section  is  also  the  same  in  substance  as  the 
first  clause  ^  6,  Ord.  109,  and  embraces  the  second  clause  of  that 
section. 

§  6.  All  warrants  on  the  Treasury  shall  be  signed  by  the 
Comptroller  and  countersigned  by  the  Mayor,  and  by  the 
Clerk  of  the  Common  Council,  and  specify  the  appropriations 
under  which  they  are  drawn. 

yote. — See  Ord.  108,  ^  5.  The  last  clause  is  new,  but  all  warrants  are  now 
drawn  as  here  directed. 

Before  the  amended  Charter  of  1830,  all  accounts  when  audited 
were  reported  by  the  Comptroller  to  the  Common  Council,  then  con- 
sisting offtne  Board ;  and  the  Board  on  such  report  ordered  the  war- 
rants to  be  issued.  There  was  then  an  evident  propriety  in  the 
rule  that  the  Mayor  and  Clerk  should  sign  the  warrants,  for  the 
Mayor  presided  at  the  Board  and  the  Clerk  kept  the  minutes.  Un- 
der the  amended  Charter  this  reason  of  the  rule  fails,  and  the  sig- 
natures of  the  Mayor  and  Clerk  are  Httle  more  than  formalities ; 
they  keep  no  accounts,  and  sign  the  warrants  on  apphcation  of  the 
Comptroller,  and  his  production  of  what  he  may  offer  as  vouchers, 
but  of  which  they  know  little  or  notliing.  Some  other  check  on  the 
Comptroller  seems  needed,  if  any  check  is  desired. 

§  7.  The  heads  of  the  several  Executive  Departments,  and 
all  other  officers  shall,  on  the  requisition  of  the  Comptroller, 
furnish  him  with  a  detailed  estimate  as  near  as  may  be,  of  ihe 


12 


sums  which  will  be  required  for  each  distinct  object  of  expen- 
diture tinder  their  supervision  respectively,  in  order  that  the 
necessary  appropriations  may  be  made  according  to  the 
Charter. 

iVote.— The  same  in  substance  as  Ord.  109,  §  8.  The  term  "Executive 
Departments"  has  been  adopted  as  the  Charter  name,  and  the  sec- 
tion is  extended  to  "  all  officers"  from  whom  the  Comptroller  may 
wish  information.    See  post  tit.  2,  ^  4,  subd.  11. 

§  8.  All  temporary  loans  shall  be  secured  by  bonds  of  the 
Corporation,  executed  under  the  Common  Seal,  signed  by  the 
Mayor,  and  countersigned  by  the  Comptroller. 

Note. — The  Ordinances  contain  no  ,  provision  on  this  subject,  but  as  the 
agents  of  the  Corporation  can  bind  it,  only  in  execution  of  powers 
conferred  on  them,  a  general  law  in  this  case  is  submitted,  to  confer 
the  necessary  power ;  but  whether  these  are  the  proper  officers, 
is  respectfully  submitted. 

§  9.  All  contracts  which  shall  be  made  by  any  officer  of  the 
Corporation  by  virtue  of  authority  on  him  conferred  by  any 
ordinance^or  resolution,  and  which  shall  require  payment  of 
money  out  of  the  City  Treasury,  shall  be  filed  in  the  Comp- 
troller's'^office,  as  soon  as  execuled. 

Note. — This  section  is  constructed  after  the  resolution  of  June  10, 1837, 
(not  printed,)  but  is  made  general  so  as  to  cover  all  officers.  The' 
resolution  cited  is  confined  to  Heads  of  Dfepartments.  See  pa.  10,  §  3. 

§  10.  Whenever  any  appropriation  shall  be  exhausted,  and 
its  object  be  not  completed,  the  head  of  the  department  for 
which  it  was  made,  shall,  on  the  requisition  of  the  Comptroller, 
report  to  him  the  reasons  of  the  deficiency,  and  an  estimate  of 
the  amount  that  will  be  needed  to  complete  the  object  of  the 
appropriation. 

^ote.— This  section  seems  necessary  to  enable  the  Comptroller  to  execute 
the  duty  required  of  him  by  Ord.  109,  $  6,  post  tit  2,  §  4,  sub.  13. 


TITLE  II. 


OF  THE  COMPTROLLER. 

§  1.  The  Comptroller  shall  be  appointed  by  the  Common 
Council,  and  before  entering  upon  the  duties  of  his  office,  shall 
make  the  oath  or  affirmation  required  by  the  ordinance,  and 
give  security  in  the  sum  of  ten  thousand  dollars,  faithfully  to 
perform  the  duties  of  his  office. 

j^ote. — The  same  in  substance  as  \  1,  2,  and  3,  of  the  existing  ordinance 
(page  107).  The  person  before  whom  the  oath  is  to  be  made,  and 
the  matter  of  the  oath,  and  the  form  of  the  security,  and  the  ap- 
proval of  it,  are  omitted  here  as  they  are  all  directed  in  the  law,  as 
to  "  accountabihty  of  officers."  So  much  as  relates  to  the  oath 
here  may  with  propriety  be  stricken  out.  This  officer  is  appointed 
imder  the  general  powers  of  the  Chajter.  He  was  first  required 
to  give  security  by  the  ordinance  of  Sept.  28,  1812.    Post  pa.  66. 

§  2.  He  shall  receive  an  annual  salary  for  his  services,  pay- 
able qua/terly. 

Note. — The  amount  of  the  salary  is  here  omitted,  and  left  to  be  provided 
for  in  the  salary  and  fee  bill. 

§  3.  The  Comptroller  shall  be  responsible  for  the  faithful 
performance  of  the  duties  of  all  subordinate  officers,  who  shall 
receive  their  appointments  from  him ;  and  a  clause  to  such 
effect  shall  be  inserted  in  his  official  bond. 

Note. — This  section  is  new,  and  the  reviser  is  not  aware  that  any  officers 
hold  their  appointments  from  the  Comptroller,  except  one  Clerk  in 
the  finance  department  appointed  under  the  ordinance  as  to  the  Fire 


14 

Loan — Post  ch.  5,  tit.  3,  ^  21 ;  but  it  has  been  deemed  wise  in  the  or- 
ganization of  the  Executive  Departments  of  most  state  governments, 
to  give  to  the  heads  of  tlie  departments,  the  appointment  of  their 
clerks,  and  other  small  officers,  and  there  may  be  some  other  offi- 
cers of  the  city  who  come  under  tliis  rule.  If  such  is  the  case, 
there  seems  to  be  an  obvious  propriety  in  holding  the  delegate  of 
this  appointing  power  responsible  for  a  due  exercise  of  discretion ; 
and  he  will  of  course,  protect  himself  by  sureties  for  the  faithful 
conduct  of  his  appointees. 

§  4.  It  shall  be  the  duty  of  the  Comptroller 

1.  To  superintend  the  fiscal  concerns  of  the  Corporation,  to 
manage  the  same  in  the  manner  required  by  law,  and  suggest 
plans  for  the  improvement  and  management  of  the  city  reve- 
nues. 

Note. — This  section  is  new,  and  is  suggested  as  in  accordance  with  the 
principles  of  title  1st.  The  language  is  adopted  from  Is^  R.S.  169, 
\  1,  sub.  1  and  3. 

2.  To  take  charge  of  all  ,the  real  estate  of  the  Corporation, 
and  report  to  the  Common  Council  all  encroachments  thereon. 

Note. — The  same  as  first  clause  of  Tit.  2,  \  1,  Ord.  107. 

3.  To  take  charge  of,  and  keep  all  title  deeds,  leases,  mort- 
gages and  other  assurances  of  title,  and  all  evidences  of  debt, 
contracts,  bonds  of  indemnity,  and  official  bonds,  not  specially 
directed  to  be  deposited  elsewhere  than  in  his  office. 

]>fote. — The  same  in  substance  as  the  residue  of  the  section  last  cited. — 
Ord.  108, 5  2.  "  Contracts"  is  inserted  in  accordance  with  \  9,  pa.l2 
ante. 

4.  To  cause  all  grants,  leases,  counterparts  of  leases,  and 
deeds  executed  by  direction  of  the  Common  Council,  or  under 
its  authority,  to  be  recorded  in  proper  books  to  be  kept  in  his 
office. 

5.  To  see  that  a  proper  map  or  survey  of  all  lands  and  pre- 


15 


mises  to  be  granted,  conveyed  or  leased  by  the  Corporation, 
be  annexed  to  the  f^rant,  deed  or  lease  thereof,  and  be  therein 
referred  to,  before  the  same  be  executed  ;  and  that  a  proper 
map  or  survey  of  all  lands  or  premises  to  be  ceded,  granted, 
conveyed  or  leased  to  the  Corporation,  be  annexed  to  the  grant, 
deed  or  lease  thereof,  and  be  therein  referred  to,  before  the 
same  be  accepted  and  filed  in  his  office. 

Note. — Tliese  subdivisions,  4  and  5,  are  taken  from  Ord.  108,  \  4.  The  alter- 
ations of  language  are  made  to  express  positively^  the  duties  it  is  sup- 
posed this  4th  section  was  intended  to  impose.  A  comparison  of 
the  original  and  the  substitute,  will  show  that  they  differ  only  in 
precision  of  language.    See  further  post.  ^5,  sub.  5. 

6.  To  superintend  all  officers  of  the  Corporation,  who  shall 
receive  or  disburse  the  public  monies  of  the  city,  or  who  are 
charged  with  the  management  or  custody  of  its  funds,  and  all 
such  officers  are  hereby  declared  to  be  subordinate  to  his  au- 
thority. 

Note. — The  first  claiise  of  this  section  is  the  same  as  the  first  clause  of  5  2, 
Ord.  108.  The  second  clause  is  introduced  to  embrace  a  class  not 
included  in  the  first  clause.  The  residue  of  the  section  is  to  render 
distmct  and  particular,  a  portion  of  the  general  authority  given  to 
the  head  of  the  department,  by  ^  4.  Tit.  1st,  and  §  1,  of  tliis  title, 

7.  To  difect  and  superintend  the  collection  of  all  rents, 
debts,  demands  and  monies  due  to  the  Corporation,  and  furnish 
the  Collector  of  the  City  Revenue  accurate  accounts  of  all  such 
rents,  debts  and  demands,  as  shall  be  in  arrear  and  unpaid. 

iVote— The  same  as  Isi  and  Sd  clauses,  $  3,  Ord.  108.  See  1  R.  S.  169, 
5 1,  sub.  6. 

8.  To  examine,  audit,  adjust  and  settle  all  accounts  in  which 
the  Corporation  is  concerned,  either  as  debtor  or  creditor,  in 
cases  where  provision  for  the  settlement  thereof  shall  hare 
been  made  by  law,  and  the  settlement  of  which  is  not  specially 


16 

commiued  by  ordinance  to  some  other  authority  ;  and  where 
no  such  provision,  or  an  insufficient  provision  shall  have  been 
made,  to  examine  the  claims,  and  report  the  facts,  with  his 
opinion  thereon,  to  the  Common  Council. 

Note. — By  \  3,  pa.  10,  ante,  the  general  power  is  given  to  this  depart- 
ment, wliich  is  here  delegated  to  the  Comptroller. 

This  subdivision  embraces  the  second  clause  of  \  3,  Ord.  108,  and 
the  first  clause  of  \  5,  same  page.  The  language  is  changed,  to  ac- 
cord it  strictly  with  the  new  section  3,  Title  1st  supra.  The  other 
provisions  of  this  subdivision  are  new,  and  are  taken  from  1  R.  S. 
169,  ^  1,  subd.  7,  6  U.  S.  Laws,  200  5  2.  They  extend  largely  the  du- 
ties  of  the  Comptroller  as  to  claims  against  the  Corporation,  and  are 
calculated  to  reUeve  the  Committees  of  the  Common  Council  from 
much  of  the  labor  they  now  perform.  The  duties  seem  to  belong 
to  the  executive  officer.  A  similar  provision  is  to  be  found  in  Ord. 
•  53,  ^  5,  as  to  the  Street  Commissioner,  though  the  practice  under 
that  section  is  to  refer  the  matters  there  mentioned  to  a  Committee 
for  inquiry,  in  the  first  instance,  instead  of  the  Street  Commissioner* 
See.  1  Pro.  C.  C.  45. 

9.  To  draw  and  sign  all  warrants  on  the  Chamberlain  for 
monies,  which  he  shall  be  duly  authorized  to  draw  from  the 
Treasury,  and  present  the  same  to  the  Mayor  and  Clerk  of  the 
Common  Council,  to  be  countersigned  by  them  respectively. 

Note. — The  same  in  substance  as  second  clause  of  §  5,  Ord.  109.  The  re- 
sidue of  this  section  is  transferred  to  the  title  relating  to  the  Cham- 
berlain. If  the  Common  Council  should  think  fit  to  adopt  the  new 
5  3,  Title  1st,  without  hmitation,  (which  would  require  all  accounts 
to  be  settled  in  the  Finance  Department,)  or  adopt  some  new  check 
on  the  Comptroller  in  the  place  of  the  now  formal,  though  formerly 
real  one,  remarked  upon  in  the  note  to  §  6,  pa.  11  ante,  it  may 
render  it  expedient  to  require  the  warrants  to  be  signed,  or  coun- 
tersigned by  other  officers  than  those  above  mentioned.  It  is  doubt- 
less the  policy  of  the  rule,  requiring  the  counter  signatures,  to  form 
a  check  upon  the  disbursing  officer.  By  the  present  financial  sys- 
tem, large  accounts  are  kept  and  settled,  and  large  sums  disbursed 
in  the  several  departments.  The  monies  thus  disbursed,  are  drawn 
•from  the  Treasury  in  large  sums,  on  the  Comptroller's  warrants, 
issued  in  pursuance  of  requisitions  from  the  other  departments ;  and 


17 


the  accounts  of  the  disbursements  are  afterwards  returned  to  the 
Comptroller's  office.  If  the  system  be  changed  by  the  abovemen- 
tioned  rule,  the  accounts  would  probably  be  first  rendered  to  the 
Finance  Department  as  the  foundation  of  the  requisition;  and  a 
warrant  drawn  for  the  balance  or  footing  of  the  account.  It  would 
then  seem  to  follow  as  a  consequence,  that  the  warrant  should  be 
signed  or  countersigned  by  the  officer  making  the  requisition.  The 
warrants  in  such  case  would  be  entered  in  the  department  making 
the  requisition,  and  again  in  the  Comptroller's  books,  and  a  third 
time  in  the  Chamberlain's  books.  The  checks  would  be  thus  mul- 
tipHed.  At  present,  neither  the  Mayor  or  Clerk  keep  any  register 
of  warrants.  -See  1  R.  S.  169,  ^  1,  sub.  9.  155,  2  17.  S.  Laws, 
304,  Act  Ccmg.  Sd  March,  1817.    6  Laws,  U.  S.  201.  §  7. 

10.  To  compare  the  semi-annual  accounts  of  the  Chamber- 
Iain,  with  the  vouchers  relating  to  the  same,  and  with  the 
books  of  his  office,  and  report  every  such  account  with  such 
remarks  thereon  as  he  may  deem  necessary  and  proper,  to  the 
Common  Council,  at  the  next  subsequent  meeting  thereof. 

Note^The  same  as  part  of  §  2,  Ord.  108. 

11.  To  see  that  true  and  accurate  accounts  are  kept  of  all 
matters  appertaining  to  his  office,  and  once  in  each  month  to 
submit  to  the  Finance  Committees  of  both  Boards,  a  full  state- 
ment of  the  accounts  of  his  department  for  the  previous  month, 
together  with  the  corresponding  vouchers,  to  the  end  that 
they  may  be  duly  examined  and  reports  made  thereon,  from 
time  to  time,  as  the  Committee  may  deem  proper. 

Note. — The  first  clause  of  this  subdivision  is  new,  and  intended  by  express 
language  to  give  to  the  Comptroller  a  command  over  the  form  of 
accounts  kept  by  the  Deputy  Comptroller  and  all  others.  The  title 
relating  to  the  Deputy  Comptroller  would  give  color  to  a  claim  by 
him  as  the  "  Accountant"  of  a  right  to  control  the  form  of  the  ac- 
counts. 

— The  residue  of  this  subdivision  is  from  the  Ord.  of  Jvly  23,  1834, 
2  Pro.  C.  C.  210. 

The  portion  of  this  section  which  requires  the  Comptroller  to 
submit  his  accounts  monthly  to  the  Committee,  is  practically  pretty 
3 


18 


much  a  dead  letter.  To  examine  these  accounts  is  a  piece  of 
drudgery  which  few  Committees  will  perform  to  any  good  purpose, 
ut  least  so  long  as  they  shall  continue  to  be  charged  with  the  one- 
rous duties  they  now  execute.  It  will  be  admitted  that  these  ac- 
counts ought  to  be  subjected  to  the  most  rigid  scrutiny  ;  that  it  is 
a  principle  of  our  institutions  to  watch  with  jealousy  the  pubhc  ex- 
penditures, and  to  expose  them  to  public  examination.  The  bare 
pubHcation  of  public  accounts  operates  as  a  healthy  check  upon  dis- 
bursing officers  and  legislators,  and  draws  upon  them  a  more  severe 
examination  than  they  are  likely  to  receive  from  the  mere  perform- 
ance of  an  official  duty.  The  reviser  therefore  respectfully  sug- 
gests that  the  object  of  this  section  would  be  better  obtained,  by 
requiring  the  Comptroller  to  report  his  accounts  in  detail  of  items, 
monthly,  to  the  Common  Council,  to  the  end  that  they  be  printed  in 
a  volume  by  themselves.  The  annual  account  required  by  suhd.  15, 
pa.  19,  post,  would  then  be  easily  made  up  by  references  to  the 
monthly  accounts,  and  as  a  summary  of  them.  In  such  case,  mis- 
application of  money  would  hardly  escape  detection  by  persons 
either  interested  or  curious.  If  this  suggestion  should  meet  the 
approbation  of  the  Common  Council,  the  reviser  submits  that  the 
object  would  be  effected  by  adopting  the  following  as  a  substitute  for 
the  above  subdivision  11,  connected  with  subd.  15,  pa.  19. 

% 

11.  To  see  that  true  and  accurate  accounts  are  kept  of  all  matters  ap- 
pertaining to  his  office,  and  once  in  each  month  report  to  the  Common 
Council  a  full  statement  of  the  receipts  and  expenditures  of  the  City, 
accounted  for  in  his  department  during  the  previous  month,  stating  the  items 
in  detail  classed  under  their  respective  appropriations,  to  the  end  that  the 
same  be  printed. 

12.  To  make  annually  a  detailed  estimate  of  the  receipts 
and  expenditures  of  the  ensuing  fiscal  year  of  the  Corporation, 
and  report  the  same  to  both  Boards,  on  or  about  the  third  Mon- 
day in  December,  in  order  that  the  annual  appropriations  may 
then  be  made  ;  and  also  an  estimate  of  the  probable  amount  of 
tax  that  may  be  required  for  the  ensuing  fiscal  year,  in  order 
that  application  may  be  made  to  the  Legislature  for  authority 
to  levy  the  same. 

Note. — Thia  subdivision  is  the  same  as  $  7,  Ord.  109,  as  amended  by  the 


19 


resolution  of  July  30tli,  1834,  with  slight  verbal  alterations.  This 
resolution  is  not  printed  in  the  volume  of  Proceedings  of  the 
Common  Council,  but  see  MSS.  Minutes  of  the  Common  Council. 
See  ante  pa.  11,  ^  7. 

13.  To  report  annually  to  the  Common  Council,  as  soon  as 
possible  after  their  induction  into  office,  a  statement  of  all  con- 
tracts made,  directed  or  authorized  by  resoluti(>n  or  ordinance 
of  any  previous  Common  Council,  and  not  performed,  com- 
pleted and  paid,  the  expense  of  which,  or  any  part  whereof, 
shall  remain  to  be  paid  from  the  City  Treasury,  and  also  the 
amount  that  shall  so  remain  to  be  paid. 

Note. — This  is  the  same  as  \  10,  added  to  Title  1  of  this  Chapter,  by  the 
Resolution  of  July  30,  1834,  above  referred  to  and  not  printed. 

14.  To  report  forthwith  to  the  Common  Council  every  case 
in  which  an  appropriation  shall  be  exhausted,  and  the  object  of 
the  appropriation  not  completed,  and  accompany  such  report 
with  a  statement  of  the  sums  which  have  been  drawn  on  such 
appropriation ;  the  particular  purposes  for  which  they  were 
drawn;  the  reasons  of  the  deficiency,  and  an  estimate  of  the 
amount  that  will  still  be  needed  to  complete  the  object  of  the 
appropriation. 

# 

Note. — This  is  the  same  in  substance  as  all  but  the  first  and  second  clauses 
of  \  6,  Ord.  109.  The  alterations  of  language  are  principally  verbal. 
See  ^  10,  pa.  12  ante. 

15.  To  report  to  the  Common  Council  annually,  on  or  about 
the  day  of  in  each  year,  a  complete  state- 
ment of  the  funds  of  the  Corporation,  its  revenues  and  expen- 
ditures during  the  preceding  year,  with  the  expenditures  in  de- 
tail classed  under  their  respective  appropriations,  except  such 
as  shall  be  contained  in  his  monthly  reports ;  and  cause  the 
annual  statement  of  the  City  Finances,  and  publication  thereof 


I 


20 


to  be  made,  which  is  required  by  the  twentieth  section  of  the 
Act  to'amend  the  Charter  of  the  City  of  New  York,"  passed 
April  the  7lh,  1830. 

Note, — The  first  clause  of  this  subdivision  is  new.  There  seems  to  be  no 
obligation  imposed  on  the  Comptroller  to  report  to  the  Common 
Council  the  condition  of  the  City  Finances.  The  language  used  is 
taken  from  1st  R.  S.  169,  §  1,  subd.  2,  excepting  the  clause  directing 
the  statement  of  the  expenditures  in  detail^  and  under  their  respec- 
tive appropriations.  This  clause  is  respectfully  submitted  by  the 
reviser  as  new,  and  as  worthy  of  the  consideration  of  the  Common 
Council.  The  annual  statement  of  the  public  accounts  made  under 
the  Statute,  contains  but  few  of  those  details,  from  which  an  opinion 
can  be  formed  whether  the  appropriations  have  been  wisely  expend- 
ed or  not,  and  those  details  can  be  seen  only  on  a  laborious  search 
in  the  Comptroller'  office.  The  labor  and  expense  of  making  and 
publishing  this  account,  seems  to  form  the  principal  objection  to  it. 

If  the  proposed  substitute  for  the  11th  subdivision  of  this  section 
should  be  adopted,  the  account  here  directed  could  be  easily  made 
by  reference  to  the  monthly  accounts.  It  is  estimated  that  a  com- 
pliance with  these  two  provisions  would  occupy  about  the  half  the 
time  of  a  Clerk ;  and  that  this  expense  and  that  of  printing  would  be 
met  by  improved  administration  of  the  City  Finances. 

The  residue  of  the  subdivision  is  from  §  9,  Ord.  109. 

§  5.  The  Comptroller  is  empowered  as  follows,  that  is  to 
say: 

1.  To  order  and  direct  all  such  legal  proceedings  as  he 
shall  deem  necessary  and  proper,  to  secure  payment  of  rents 
or  any  other  debts  due  to  the  Corporation,  or  to  obtain  pos- 
session of  any  premises  to  which  the  Corporation  are  or  shall 
be  entitled. 

Note.— The  same  as  last  clause  of  Ord.  108, )  3,  see  3,  Pro.  C.  C.  52.  See 
Ord.  113,  $  2,  and  post  Tit.  5,  §  4,  sub.  3. 

2.  To  borrow,  from  time  to  time,  in  the  name  and  on  the 
credit  of  the  Corporation,  and  in  anticipation  of  the  revenue  of 
the  current  year  (but  not  otherwise),  such  sums  of  money, 
not  exceeding  in  the  whole  the  sum  of  100,000  dollars,  and  at 


21 


an  interest  not  exceeding  the  rate  of  six  per  centum  per  an- 
num, as  tiie  legal  demands  on  the  Treasury  may,  from  time  to 
time,  render  necessary  to  discharge  such  demands. 

jVote. — This  subdivision  as  it  regards  the  power  given  to  the  Comptroller 
is  taken  from  the  Resolution  of  Dec.  31,  1834,  2  P.  C.  C.  291, 
which  resolution  is  general  in  its  language,  though  probably  intend- 
ed to  apply  to  the  current  year  only.  But  the  power  there  given 
is  here  limited,  by  incorporating  with  the  grant  of  power  the  restric- 
tion of  the  amended  Charter,  ^  19,  and  also  by  restraining  the  power 
to  the  legal  demands  on  the  Treasury.  See  the  like  in  respect  to 
the  Comptroller  of  the  State,  1  R.  S.  171,  ^  11.  Whether  such  a 
general  power  is  or  not  expedient  is  respectfully  submitted. 

But  such  loans  shall  be  made  only  on  the  Bonds  of  the  Cor- 
poration, executed  under  its  seal,  and  signed  by  the  Mayor 
and  Clerk  of  the  Common  Council ;  and  before  executing  any 
such  bond,  the  Mayor  shall  receive  from  the  Comptroller  a 
statement  showing  the  condition  of  the  Treasury,  and  the 
causes  which  shall  render  such  loan  necessary ;  and  the 
Mayor  shall  report  such  statement  to  the  Common  Council  at 
next  meeting  of  either  Board. 

Note. — This  clause  is  new.  Its  object  is  obvious.  See  1  R.  S.  171,  §  13. 

3.  T^o  consent  in  the  name  and  on  behalf  of  the  Corporation, 
that  the  lessee  or  assignee  of  any  lease  made  by  the  Corpora- 
tion, may  assign  such  lease,  or  underlet  the  demised  premises, 
in  all  cases,  in  which  provision  is  made  by  such  lease  that  the 
same  shall  not  be  assigned,  or  the  premises  underlet  without 
the  consent  of  the  Corporation.  But  no  such  consent  shall  be 
given,  unless  all  arrears  of  rent  be  paid  in  full. 

Note. — The  same  in  substance  as  Resolution  of  9th  July,  1834.    2  P.  C.  C. 
202. 

4.  To  appoint 

Appraisers  on  behalf  of  the  Cor- 


22 


poration,  to  ^ttle  the  rent  on  renewal  of  any  leases,  or  the 
value  of  the  building  to  be  paid  for  on  the  expiration  of  any 
lease  in  which  the  Corporation  is  or  shall  be  interested,  when- 
ever, by  the  provision  of  such  lease,  the  appointment  of  such 
Appraisers  shall  be  required. 

Nol£. — This  subdivision  is  suggested  by  the  resolution  of  24th  Sept.  1834, 
2  P.  C.  C.  237,  passed  in  relation  to  leases  of  lands  at  Brooklyn, 
which  expired  1st  May,  1834.  The  expediency  of  the  above  general 
rule  is  most  respectfully  submitted. 

By  the  resolution  cited,  the  power  of  appointment  was  vested  in 
the  Finance  Committees,  but  as  the  duty  is  Executive,  it  seems  to 
the  reviser  to  be  more  consistent  with  the  amended  Charter,  \  21, 
to  vest  the  power  in  the  head  of  the  proper  Executive  department. 
But  should  it  be  deemed  by  the  Common  Council  more  discreet  to 
retain  in  the  Committee  the  control  over  the  appointments,  the 
blank  left  may  be  filled  with  "  by  and  with  the  advice  and  consent 
of  the  Finance  Committee  of  the  two  Boards."  Vid.  4  P.  C.  C. 
117,  215. 

5.  To  accept  the  cession  of  any  streets  or  avenues  or  parts 
thereof  not  ceded  or  opened,  on  receiving  a  proper  conveyance 
of  the  same  to  the  Corporation,  with  a  map  of  the  ceded  pre- 
mises annexed  thereto,  and  a  certificate  of  the  Counsel  approv- 
ing of  the  same,  provided  the  whole  expense  of  such  cession  be 
paid  by  the  party  making  the  same. 


Note.— 'The  same  as  Resolution  of  7th  Oct.  1836,  4  P.  C.  C.  85. 


TITLE  III. 


OF  THE  DEPUTY  COMPTROLLER  AND  CLERKS. 

§  I.  There  shall  be  appointed  by  the  Common  Council  a 
discreet  and  proper  person  to  assist  in  the  execution  of  the 
duties  of  the  Finance  Department,  who  shall  be  known  as  the 
Deputy  Comptroller. 

§  2.  The  Deputy  Comptroller  shall,  before  entering  upon 
the  duties  of  his  office,  make  the  oath  or  affirmation  required 
by  the  Ordinance,  and  give  security  in  the  sum  of  five  thousand 
dollars,  faithfully  to  perform  the  duties  of  his  office. 

Note. — T'he  same  in  substance  as  §  1,  2,  3,  of  Tit.  8,  ch.  11th,  Ord.  110. 
The  clauses  of  the  Ordinance  omitted,  are  so  omitted,  because  like 
pro\T.sions  are  made  in  the  general  ordinances  as  to  "  Accountabi- 
lity of  Officers." 

§  3.  He  shall  receive  an  annual  salary  for  his  services,  pay- 
able quarterly. 

§  4.  The  Deputy  Comptroller  shall  be  the  accountant  of  the 
Finance  Department,  and  it  shall  be  his  duty 

1.  Ttf  keep  a  regular  set  of  books,  by  double  entry,  in  which 
shall  be  opened  and  kept,  as  many  accounts,  under  appropriate 
titles,  as  may  be  necessary  to  show  distinctly  and  separately 
all  the  receipts  and  expenditures  upon  each  important  object; 
and  also  all  the  debts  due  to  the  Corporation  by  individuals. 

2.  To  adjust  the  accounts  and  vouchers  of  the  Finance  De- 
partment, and  classify  the  accounts  of  each  department  of  the 
city  government  under  its  proper  head  ;  and  to  keep  account 
of  all  the  appropriations  made  by  the  Common  Council,  and  of 
the  sums  expended  under  the  same  severally  ;  and  generally 
to  keep  so  many  and  such  books  and  accounts  as  may  be 


24 


nccdssary  to  give  a  clear  and  lucid  view  of  the  fiscal  concerns 
of  the  Corporation,  as  shall  be  directed  by  the  Comptroller. 

3.  In  case  of  the  absence  or  disability  of  the  Comptroller^ 
or  vacancy  in  that  office,  he  shall  perform  all  the  duties  of  the 
Comptroller,  and  possess  all  his  powers. 

Note.— The  same  as  Title  4  of  Chap.  11,  Ord.  110,  111,  except  the  last 
clause.    See  1  R.  S.  157,  §  24. 

§  4.  A  suitable  person  shall  be  appointed  by  the  Common 
Council,  Clerk  in  the  Finance  Department,  who  shall  perform 
such  reasonable  duties  as  shall  be  required  of  him  by  the 
Comptroller  or  Deputy  Comptroller,  and  receive  a  salary  for 
his  services,  payable  quarterly. 

Note.— The  same  as  Ordinance  of  June  16, 1834,  2  P.  C.  C.  196. 


TITLE  IV. 


OF  THE  CHAMBERLAIN. 

§  1.  The  Chamberlain  of  the  City  of  New  York  is  appoint- 
ed by  the  Common  Council. 

Note.— The  same  as  Ord.  Ill,  Tit.  5,  ^  1.  The  appointment  of  this  offi- 
cer  by  the  Common  Comicil  is  required  by  the  charter.  The  obH- 
gatory  language  of  the  section  is  therefore  changed  to  such  as  is 
merely  declaratory  of  the  superior  charter  obhgation.  See  Charter 
of  1686,  )  9,  pa.  17.    Char.  1730,  ;  10,  pa.  4*^.    Kent's  Xotes,  128. 

He  holds  his  office  until  another  fit  person  be  appointed  in  his 
place.    Char.  1730,  J  11,  p.  52. 

§  2.  The  Chamberlain  shall,  before  entering  upon  the  du- 
ties of  his  office,  make  the  oath  or  affirmation  required  by  the 
Ordinance,  and  give  security  in  the  sum  of  twelve  thousand 
five  hundred  dollars,  for  the  laithful  performance  of  the  duties 
of  his  office. 

Note. — The  sami  as  Y2d,  3d  of  Tit.  5,  Ord.  Ill,  except  as  to  those  parti- 
culars provided  for  by  the  General  Law  as  to  accountability  of  Of- 
ficers. 

By  1  R.  S.  370,  )  29,  the  Chamberlain  is  made  County  Treasu- 
rer, and  the  provisions  of  the  act  as  to  County  Treasurer  made  ap- 
plicable to  liim,  1  R.  S.  369.  Sections  18,  19  of  that  law  prescribe 
the  nature  of  his  bond  as  County  Treasurer. 

For  oaths  of  office  of  County  Treasurer,  see  1  i2.  *S.  119 ;  for  mode 
of  appointment,  1  R.  S.  114,  ]  13.  See  also  2  N.  R.  L.  p.  399, 
§  150,  151,  152.  Char.  1686,  J  8,  pa.  15.— 1730,  J 10,  p.  49,  )  33,  p. 
80.    Kent's  note,  171. 

§  3.  He  shall  receive  an  annual  salary  in  lieu  of  all  com- 
missions on  money  raised  by  lax  for  the  use  of  the  city,  and 
as  a  full  compensation  for  his  services, 

4 


2G 


Note. — Same  as  H,  Ord.  Ill'  omitting  the  amount  of  salary,  to  be  pre- 
f-cribed  in  the  Salary  Ordinance.  By  1  R.  S.  370,  ^  28,  the  County 
Treasurer  is  allowed  a  commission  of  one  per  cent,  on  all  monies 
which  he  shall  receive  and  pay.  By  Act  of  1823,  ^  27,  (Laws  401,) 
this  commission  was  given  to  County  Treasurer?,  except  the  Trea- 
surer of  New  York ;  but  by  1  R.  S.  370,  h  29,  he  is  not  excepted. 
The  legality  of  the  above  section,  except  upon  the  ground  of  con- 
tract, is  respectfully  submitted.  See  also  1  N.  R.  L.  (1813)  400, 
5152. 

§  4.  It  shall  be  the  duty  of  the  Chamberlain, 

1.  Once  in  every  week,  to  deposite  all  monies  received  by 
him,  in  such  one  or  more  of  the  Banks  in  this  city,  as  the  Com- 
mon Council  shall,  by  resolution,  direct;  and  if  no  such  direc- 
tion be  given,  then  in  such  bank  as  he  shall  elect ;  and  he  shall 
thereupon  make  report  to  the  Comptroller,  of  the  amount  so 
deposited,  from  whom  received,  and  on  what  account. 

iVote.— Same  as  Tit.  4,  ■  1,  Ord.  111. 

2.  On  the  first  Monday  in  the  months  of  May  and  Novem- 
ber, in  each  year,  to  render  to  the  Comptroller  an  account  cur- 
rent of  the  money  received  and  paid  by  him  on  account  of  the 
Corporation,  during  the  preceding  six  months,  and  deliver  over 
to  the  Comptroller  his  vouchers  for  the  same. 

iVote.— The  same  as  \  2,  Ih.  Tit.  pa.  112. 

3.  He  shall  not  pay  any  warrant  drawn  upon  the  Treasury, 
which  is  not  drawn,  signed  and  countersigned,  according  to  the 
ordinances ;  and  no  warrant  shall  be  valid,  or  sufficient  to  draw 
the  amount  thereof  out  of  the  Treasury,  unless  it  be  so  signed 
and  countersigned,  and  specify  the  appropriation  against  which 
it  shall  be  drawn. 

J^ote. — Same  as  last  clause,  Ord.  109,  y  5.  The  duty  of  signing  and  coun- 
tersigning of  warrants,  is  prescribed  in  the  Ordinances  relating  to 
the  Comptroller,  the  Mayor,  and  the  Clerk  of  the  Common  Coun- 


27 


cil.  The  first  part  of  this  section  is  now,  and  m  ule  restrictive  on 
the  Treasurer.  The  laniruage  is  general,  that  it  may  cover  any 
form  of  warrant  the  Common  Council  may  hereafter  prescribe. 
The  last  clause  has  been  added  to  accord  with  the  provi.-ions  of  ]  G, 
pa.  11 ;  subd.  9,  pa.  16. 

For  other  duties  of  the  Chamberlain,  as  County  Treasurer,  sea 
1,  R,  S.  389. 

4.  To  opeii  an  account  with  each  nppropriatii)ii,  and  charge 
each  payinent  he  shall  make  to  the  appropriation  against 
which  the  warrant  shall  be  drawn. 

Note. — New.    A  compUance  with  this  rule  will  make  the  Cliamberlain's  ac- 
counts a  check  upon  the  Comptroller's  account. 


TITLE  V. 


OF  THE  COLLECTOR  OF  THE  CITY  REVENUE, 

§  L  There  shall  be  appointed  by  the  Common  Council,  a 
discreet  and  proper  person  to  collect  all  monies  accruing  to 
the  Corporation  for  rent,  or  from  the  sale  of  real  estate,  and 
all  debts,  dues  and  demands  due  to  the  Corporation;  and  he 
shall  be  known  as  "  The  Collector  of  the  City  Revenue." 

§  2.  Before  entering  upon  the  duties  of  his  office  he  shall 
make  the  oath  or  affirmation  required  by  the  Ordinance,  and 
give  security  in  the  sum  of  five  thousand  dollars  for  the  faith- 
ful performance  of  the  duties  of  his  office. 

§  3.  He  shall  receive  for  his  services  an  annual  salary,  pay- 
able quarterly. 

Note. — The  same  as  existing  Ordinance,  Feb.  7th.    Ord.  112. 

§  4.  It  shall  be  the  duty  of  the  Collector  of  the  City  Reve- 
nue, 

1.  To  collect  all  monies  accruing  to  the  Corporation  for 
rent,  or  from  the  sale  of  real  estate,  and  all  debts,  dues  and 
demands,  due  to  the  Corporation. 

2.  Once  in  every  two  weeks  to  pay  over  to  the  Chamber- 
lain, the  whole  amount  of  his  collections,  and  thereupon  make 
a  full  and  complete  report  of  the  same  to  the  Comptroller,  to 
the  end  that  proper  entries  thereof  may  be  made  in  the  Comp- 
troller's office. 

3.  To  report  to  the  Comptroller,  all  cases  in  which  he  shall 
be  unable  to  collect  any  debt  due  to  the  Corporation,  with  the 
causes  of  such  inability,  to  the  end  that  proper  measures  may 
be  directed  by  the  Comptroller  to  secure  the  same. 


29 


jVote. — The  same  as  Tit.  9th,  Ord.  112,  with  verbal  alterations  merely. — 
See  duties  of  Comptroller,  ^  4,  sub.  7,  and  powers  of  Comptroller 
{  5,  sub.  1. 

4.  To  keep  his  books  of  account  in  the  office  of  the  Comp- 
troller, as  a  part  of  the  records  of  that  office,  and  attend  there 
daily  from  to  o'clock. 

Note. — This  provision  is  new,  and  is  intended,  first,  to  guard  against  a 
claim  w^hich  has  been  asserted  by  officers  after  removal  from  office, 
that  their  books  of  accounts  are  their  own  property,  having  been  made 
for  their  own  convenience,  and  by  their  own  labor ;  and,  second,  to 
require  the  attendance  of  this  officer,  at  a  given  place,  at  certain 
hours,  that  he  may  be  found  by  those  having  public  business  with 
him. 


TITLE  VI. 


OF  ARREARS  OF  TAXES. 

Note. — Tlie  authority  exercised  by  the  Common  Council  in  appointing 
Collectors  of  the  Arrears  of  Taxes,  is  contained  in  the  act  of  April 
12th,  i816,  \  1.  Laics,  1816,  113.  It  provides,  that  whenever  any 
tax  of  any  description,  on  lands,  &c.  in  this  city,  "  shall  remain  un- 
paid on  the  day  upon  which  the  Collectors  are  hmited  by  law,  to 
account  for  the  collection  of  the  same  ;"  and  the  Collector  shall 
make  ths  aSdavit  required  by  law,  of  liis  inabihty  to  collect  the 
same.  "  It  shall  be  lawful  for  the  Mayor,  Recorder  and  Aldermen 
of  the  said  city,  or  any  five  of  them,  of  whom  the  Mayor  or  Recorder 
shall  be  one,  to  issue  a  warrant  under  their  hands  and  seals,  direct- 
ed to,  and  requiring  some  'proper  person  to  levy  the  said  tax  by  dis- 
tress," &c.  &c.  The  provision  seems  to  be  pecuhar  to  the  City  of 
New  York.    1  R.  S.  402,  403,  \  26,  27,  pa.  409,  \  52. 

This  power  was  first  granted  by  act,  June  1,  1812.  Laws  6,  W. 
409,  \  4,  re-enacted  April  9,  1813,  ^  156 ;  2  JV.  jR.  L.  401.  Con- 
firmed by  act,  March  10, 1820,  §  4,  Laws  1820,  pa.  71.  Again  con- 
firmed by  act  of  April  6,  1825,  §  5,  Laws  1825,  pa.  124 ;  and  again 
by  act  of  Aj^ril  19,  1828,  ^  2,  Laws  1828,  |j.  371,  which  was  passed 
after  the  passage  of  13tli  Chapter  of  the  Revised  Statutes,  "  Of  th^ 
Assessment  and  Collection  of  Taxes,"  1  R.  S.  387.  It  has  also 
been  annually  confirmed  each  year,  smce  1828,  by  the  several  acts, 
giving  power  to  the  City  of  New  York  to  raise  money  by  tax. 

The  office  of  Collector  of  Arrears  of  Taxes  seems  to  have  exist- 
ed and  been  recognized  by  the  Common  Council  since  about  the 
year  1824,  but  it  does  not  appear  in  the  ordinances  until  that  of 
10th  Nov.  1833.    Ord.  108. 

§  1.  The  City  of  New  York  shall  be,  and  hereby  is,  divid- 
ed into  three  districts  for  the  collection  of  such  taxes  as  shall 
remain  unpaid  on  the  day  upon  which  the  Collectors  are  li- 
mited by  law  to  account  for  the  collection  of  the  same,  and 
shall  be  returned  unpaid  by  the  Ward  Collectors;  and  an 
officer  shall  be  appointed  by  the  Common  Council  for  each  of 


31 


such  districts,  who  siiall  be  known  as  "  Coliecior  of  Arrears  of 
Taxes  "  for  the  district  for  wiucli  he  siiall  be  appointed. 

iVoie.— Composed  from  ^  1,  of  Ord.  of  Oct.  9,  1S37,  and  \  1,  Tit.  9,  Ord, 
113.  The  language  of  the  Statute  "  Such  taxes  as  shall  remain 
unpaid  on,"  &,c.  has  been  substituted  for  such  as  may  have  been  re- 
turned unpaid  in  the  delinquent  list  of  the  several  "WJ^ird  Collec- 
tors," as  the  latter  description  seems  to  be  unknown  to  the  law, 
though  perhaps  properly  descriptive  in  common  parlance. 

This  section  provides  for  the  appointment  of  these  officers.  By 
referring  to  the  statutes  cited  ki  the  note  at  the  head  of  this  title? 
it  will  be  seen,  that  the  power  of  selecting  these  officers,  is  con- 
fided to  the  Supervisors,  and  not  to  the  Common  Council.  The 
Officers  derive  their  power  from  the  Supervisors'  warrant ;  and 
though  this  law,  may  be,  by  the  Board  of  Supervisors,  regarded  as 
advisory  to  them,  as  to  the  persons  they  shall  select,  still  it  is  appre- 
hended that  the  orduiance  will  not  bind  them  as  a  law. 

§  2.  The  first  of  said  districts  shall  be  compo:ied  of  the  1st, 
2d,  3d,  4th,  5th,  Gih  and  7ih  wards  ;  the  second  district  of 
the  8th,  9lh,  10th,  llth  and  i2th  wards;  the  third  district  of 
the  13th,  14th,  15th,  IGtii  and  17th  wards. 

Note.— 'The  same  as  \  3,  of  Ord.  of  9th  Oct.  1837. 

§  3.  The  Collectors  of  2V  rrears  of  Taxes  shall,  each  before 
entering  upon  the  duties  of  his  office,  make  the  oath  or  affir- 
mation, required  by  the  ordinance,  and  give  security  in  the 
sunn  of  twenty-five  thousand  dollars,  for  the  faithful  perform- 
ance of  the  duties  of  his  oilice. 

Note.— From  ^  1,  of  Ord.  of  m  May,  1837,  and  ;  1,  Ord.  of  m  Octoher, 
1837. 

§  4.  Each  of  the  said  Collectors  shall  be,  and  hereby  is,  per- 
mitted to  retain  a  commission  of  seven  per  cent,  on  all  monies 
collected  by  him,  as  a  compensation  for  his  services. 

jVo<e.— From  \  3,  Ord.  \th  May,  1837.    4  P.  C.  C.  256.    The  residue  of 


that  section  is  omitted  as  inconsistent  with  ^  2,  7^.  9,  Ord»  114, 
which  permits  the  Collector  to  deduct  his  Commission  before  pay- 
ing his  collections  to  the  Chamberlain. 

§  5,  It  shall  be  the  duty  of  each  Collector  of  Arrears  of 
Taxes, 

1.  Forthwith  upon  receiving  his  warrant,  and  the  list  of  un- 
paid taxes — known  as  the  Return  of  Delinquents — to  notify 
the  parties  concerned,  of  the  sunns  ihey  are  respectively  in  ar- 
rear,  and  demand  payment  thereof,  and  take  such  other  mea- 
sures for  the  collection  of  such  arrearages,  as  are  prescribed 
by  the  laws  of  the  state. 

Note.^From  ^  1,  TiL  10,  Ord.  113.  See  ^  h  Ord.  of  Oct.  9th,  1837.  The 
language  is  changed  in  describing  the  document  of  unpaid  taxes, 
by  adopting  that  of  the  Statute,  for  the  sake  of  precision.  And  the 
Collector's  duties  are  made  to  commence  on  his  receipt  of  the  war- 
rant. The  reviser  is  mformed  that  w^arrants  are  not  always  issued, 
indeed  that  they  are  seldom  issued.  If  such  is  the  case,  it  is  clear 
that  the  C  ollectors  have  acted  without  the  proper  legal  authority. 
This  section,  as  here  submitted,  may  prevent  such  irregularities  in 
future.    See  note  swjwa,  and  notes  to  title,  "  of  Assessments.'^ 

2.  To  render  to  the  Comptroller,  once  in  each  month,  un- 
der oath,  a  full  account  in  detail  of  all  the  monies  collected  by 
him  from  each  ward,  the  interest  on  the  same,  and  amount  of 
his  commission. 

3.  To  pay  over  to  the  Chamberlain  forthwith,  the  amount 
stated  in  such  account,  after  deducting  his  commissions  allow^ 
ed  by  ordinance. 

Note.— The  same  as  Ord.  114,  Tit.  10,  ^2,and^  3,  Ord.  4th  May,  1837. 

§  6.  In  case  of  any  neglect  by  any  such  Collector,  in  ren- 
dering the  account,  or  making  the  payment  required  by  the 
last  section,  at  the  periods  fixed  therefor,  the  Comptroller  is 
required  forthwith  to  report  the  same  to  the  Common  Council. 

iV<rf«.— Same  as  last  clause  $  3,  Ord,  May  4,  1837. 


TITLE  VII. 


OF  ASSESSMENTS. 


iVote,— The  word  "Assessment,"  as  distinguished  from  "tax,"  is  used  in 
the  State  Laws  and  Corporation  Ordinances  to  indicate  an  impost 
upon  some  specific  property,  laid  for  some  specific  purpose ;  and  the 
word  "  tax"  to  indicate  the  general  imposts,  levied  for  the  support 
of  Government  The  laws  of  the  State,  and  the  powers  of  the 
Corporation  are  very  different  in  respect  to  these  two  subjects  ;  but 
in  many  instances,  it  has  been  the  practice  of  the  authorities  to 
treat  them  as  similar,  if  not  identical. 

The  laws  of  the  State  relating  to  the  collection  of  taxes,  are  re- 
ferred to  in  the  notes  to  the  title  on  "Arrears  of  Taxes,"  so  far  as 
they  affect  the  city  ordinances  :  those  relating  to  assessments,  are 
referred  to  below,  so  far  as  to  the  reviser  they  seem  necessary,  pro- 
perly to  advise  the  Common  Council  in  respect  to  this  title. 

For  the  general  powers  of  the  Corporation,  as  to  estabhshing, 
making,  laying  out,  ordering,  amending  and  repairing  of  all  streets, 
lanes,  alleys,  highways,  water-courses,  bridges,  walls  and  fences, 
see  Char,  of  1686,  ^  2,  (pa.  6,  7,)  Char,  of  1730,  ^  16  (pa.  5,)  and 
Kent's  Notes,  B.  p.  108,  H.  H.  p.  142,  and  Statutes  there  referred  to. 
By  act^of  m  April,  1813,  \  175,  (2  N.  R.  L.  407,)  the  Corpora- 
tion are  authorized  to  cause  common  sewers,  drains,  and 
pf\\^a-^^&c!^       ^"^"^^^  to  be  made  ;  to  direct  the  pitching  and  paving  of 
Streets,  cleaning  streets,  the  altering,  amending,  cleansing  and  scouring  of 
slnk^s^.^'  ^Vacant  vaults,  sinks,  common  sewers,  the  raising,  reducing, 

lots,  fences.  levelling  and  fencing  of  vacant  lots — to  cause  estimates  of 
the  expense  and  assessments  thereof,  on  persons  benefit- 
ed, to  be  made.  And  the  Mayor,  Aldermen  and  Commonalty  are 
thereby  directed  « to  appoint  such  skilful  and  competent  disinterest- 
ed persons  as  they  shall  or  may  tliink  proper,  to  make  every  such  es- 
timate and  assessment."  These  Assessors  must  be  sworn  before 
the  Mayor  or  Recorder,  and  certify  their  estimate  and  assessment 
to  the  Common  Councd ;  and  such  assessment,  on  being  ratified  by 
the  Common  Council,  is  declared  binding  on  the  owners  and  occu- 
pants of  the  lots  assessed,  and  a  lien  and  charge  thereon.  And  the 
owners,  &-c  are  declared  hable  on  demand  to  pay  the  sum  so  as- 
5 


34 


eessetl,  'i,to  such  person  as  the  said  Common  Council  shall  appoint 
to  receive  the  same  ;"  and  in  defaidt  of  such  payment,  the  Mayoi*, 
Recorder  and  Aldermen,  or  any  five  of  them,  of  whom  the  Mayor 
or  Recorder  shall  be  one,  may  issue  their  warrant  of  distress  to  col- 
lect the  same,  of  goods  and  chatteis,  &:.c.  Vid.  Original  Law,  2 
R.L.o/  1801,  130,  5 11. 
After  confirmation  of  a  report  of  Commissioners  of  Estimate  and 
Oppmfsg  streets  Assessments,  on  opcnwg-  or  improving  streets,  the  owners 
and  occupants  of  assessed  premises  are  declared  hable  to 
pay  the  assessments  on  demand,  "to  such  person  or  persons  as  the 
said  Mayor,  Aldermen  and  Commonalty  shall  appoint  to  receive  the 
same  and  in  default  thereof,  the  Mayor,  Aldermen  and  Common- 
alty, or  any  five  of  them,  of  whom  the  Mayor  or  Recorder  shall  be 
one,  may,  by  warrant,  levy  the  same,  &c.  2  N.  R.  L.  (1813^)  421, 
\  186.    Original  Law,  6  Web.  (1812,)  527. 

By  the  act  of  1813,  5  200,  (2  N.  R.  L.  425,)  the  Cotn- 
pu'nps ''■^"'^       mon  Council  are  authorized  to  order  wells  and  pumps  to  be 
built  at  their  discretion,  and  to  cause  estimates  and  assess- 
ments, and  collections  of  the  expense  to  be  made,  as  by  the  175th  5 
of  same  act.    And  by  act  of  January  31,  1817,  Laws,  pa. 
Cisterns.         18,  the  like  powers  are  given  as  to  public  cts^erws  in  streets, 
&c.  &c.    Kent's  Notes,  H.  H.  p.  144.    By  act  of  Ap.  18, 
^   Boring  for  wa-   1831,  Laws,  197,  the  Hke  powers  are  given  as  to  boring 
for  loaier. 

By  act  of  1813,  ^  220,  pa.  432,  the  Common  Council  are 
Afakritf  streets   empowered  to  lay  out  certain  regular  streets  or  wharves, 
North^Riveris^     on  the  East  and  North  Rivers,  and  Q  221,)  to  require  the 
proprietors  of  adjoining  premises  to  build  the  same.  And 
(j  222,)  in  case  of  their  refusal  or  neglect  so  to  do,  the  Corporation 
are  empowered  to  build  the  streets  and  wharves  for  the  said  propri- 
etors, and  to  charge  them  with  the  expense.    And  if  the  said  pro- 
prietors respectively,  shall  not  repay  the  expense,  with  lawful  inte- 
rest,*** within  one  year  and  six  months  after  demand  for  that  pur- 
pose, made  "by  the  said  Mayor,  Aldermen  and  Commonalty,  or  any 
person  on  their  behalf  it  shall  be  lawful  for  the  said  Mayor,  Alder- 
men and  Commonalty,  « to  levy  the  same  together,  &,c.  by  distress 
and  sale  of  the  goods  and  chattels  of  such  proprietors  or  occupants," 
&.C.  &c. 

Where  the  ordinances  require  any  thing  to  be  done,  with  respect 
to  the  property  of  several  persons,  or  in  relation  to  altering 
"   Public  slips,  ^i^g  pubhc  sHps,  the  expense  shall  be  estimated  and  assess- 
generally.  ed  as  by  the  175th  section,  of  act  of  1813  above  cited. 


Same  Act,  )  269,  L'7Q,  )>a.  145,  iuid  see  Act  of  21  Feb.  IH-J 1,  pa.  .'39, 
explaining  this  law,  inid  applying  the  act  of  12  A/^r//,  1816,  Laws, 
p.  113. 

By  act  of  A  p.  7,  1820,  Laus.  pa.  131,  the  Corporation  ife 
South  and  authorized  to  build  South  and  West  streets,  on  default  of 
West  street !».  proprietors,  and  if  they  shall  not  forthwith  repay  the  ex- 
pense and  interest,  "to  levy  the  same,  &c.  &;c.  by  distress  and  sale 
of  the  goods  and  chattels  of  such  proprietors,  or  the  occupants,"*** 
by  virtue  of  a  warrant  to  be  issued  by  them  for  that  purpose,  to  any 
suitable  person  or,  &c. 

By  act  of  20th  April,  1835,  Laics,  107,  the  Common  Council  are 
empowered  to  order  and  direct  the  water,  near  and  adjoining  any 
private  wharf,  pier,  dock  and  bulkhead,  or  land  witliin  the 
Deepening  slips,  hmitsof  the  city,  to  be  deepened  at  such  times,  &c.  as  the 
Common  Council  shall  deem  proper.    And  the  expense  of 
such  improvement  is  directed  to  be  estimated  and  assessed  on  all 
owners  of  property  to  be  benefited  thereby.    The  estimates  and 
assessments  to  be  made  by  skilful  and  competent  disinterested  per- 
sons, to  be  appointed  by  the  Common  Council,  who  are  to  be  sworn, 
and  the  other  proceedings  to  be,  as  directed  by  the  act  of  April  9, 
1813,  \  175,  see  2  Pr.  C.  C.  125,  see  note  to  ^  3.  pa.  39. 

§  The  Street  Comnmissioner,  Assistant  Street  Commis- 
gioner,  and  First  Clerk  in  the  Street  Commissioner's  office, 
shall  perform  the  duties  of  Assessors,  to  make  estimates  of 
the  expense  of  making  wells,  boring  for  water,  erecting  pumps, 
pitching,  paving  and  repairing  of  streets,  which  shall  be  made 
or  done  b^f,  and  in  pursuance  of  the  order  of  the  Common 
Council  ;  and  also  make  every  assessment  of  such  expense 
among  the  owners  and  occupants  of  all  the  houses  and  lots  in- 
tended to  be  benefited  thereby,  according  to  the  Statutes  in 
such  cases  made  and  provided,  whenever  they  shall  be  ap- 
pointed such  Assessors  by  the  Common  Council ;  and  they, 
shall  perform  such  duties  free  of  charge. 

Note. — The  same  in  substance  as  Tit.  2,  5  22»  CTi.  5,  (Street  Commission- 
er's Department,)  Ord.  56.  The  alteration  consists  principally  in 
substituting  the  language  of  the  statute,  which  authorizes  the  Cor- 
poration to  make  these  appointments,  for  the  language  of  the  sec- 
tion revised.    The  section  under  revision,  gives  no  power  to  the  As- 


sessors  to  estimate  the  expense  of  the  proposed  work,  but  only  the 
power  to  assess  the  benefits.  The  section  here  proposed,  confers 
the  power,  and  thus  comes  up  to  the  Statute.  The  reviser  is  in- 
formed that  it  has  not  been  the  practice  to  make  any  prehmuiary 
estimate  of  the  expense,  but  only  to  make  the  assessment  after  the 
work  has  been  done,  and  the  expense  thus  ascertained.  Whether 
or  not  such  practice  is  in  conformity  to  the  law,  the  reviser  respect- 
fully submits  to  tlie  wisdom  of  the  Common  Council,  See  act  April 
9, 1813,  ^  175,  2  N.  R.  L.  407. 

The  Statute  requires  the  Common  CouncO  to  appoint  as  Asses- 
sors, "  skilful,  competent  and  disinterested  persons."  The  language 
of  the  section  under  revision,  would  seem  intended  to  supersede  the 
necessity  of  appointing  the  Assessors  specifically  for  each  work  with- 
in the  purview  of  the  section.  But  in  practice  such  has  not  been 
the  case ;  but  on  the  contrary,  the  persons  designated  in  the  ordi- 
nance under  examination,  have  been  regularly  appointed  Assessors 
in  each  case,  as  though  this  section  did  not  exist.  The  reviser  has, 
in  the  substitute  submitted  above,  endeavored  to  frame  the  section 
so  as  to  meet  these  several  views,  and  insure  a  regular  exercise  of 
the  powers  granted  by  the  Statute. 

§  2.  Said  Assessors  must  severally,  before  entering  upon 
iheir  duties  as  such,  make  oath  before  the  Mayor  or  Recorder, 
in  each  particular  case,  to  nriake  such  estimate  and  assessment 
fairly  and  impartially,  according  to  the  best  of  their  skill  and 
judgment.    See  ih.  auc. 

Note. — By  Statute  the  oath  may  be  before  either  of  the  officers  above 
named. 

§  3.  On  the  completion  of  any  assessment,  the  amount  of 
which  shall  exceed  fifty  dollars,  the  Street  Commissioner  shall 
publish,  in  the  newspapers  employed  by  the  Corporation,  a 
notice  that  such  assessment  is  completed,  and  will  remain  in 
his  office  ten  days  for  examination  by  all  concerned  therein, 
and  at  the  end  of  that  time  will  b«  presented  to  the  Common 
Council  for  confirmation. 


Note, — From  Ord,  jmj.  55,  {11. 


37 


§  4.  No  relief,  in  cases  of  assessments  for  taxes,  shall  be 
granted,  unless  the  party  has  been  unable,  by  absence  from  the 
city,  sickness,  or  other  unavoidable  circumstance,  to  state  his 
or  her  objections  before  the  Assessors  of  the  respective  Wards, 
during  the  ten  days  they  are  directed  by  law  to  advertise.  Ord, 
97,  §  8. 

§  5.  The  Ward  Assessors  shall  cause  notices  to  be  left  at 
the  residences  of  each  person  assessed  by  them  for  personal 
property,  stating  the  amount  of  personal  property  thus  asses- 
sed to  such  person.  And  the  Comptroller  shall  furnish  the  ne- 
cessary printed  blanks. 

iVote— Suggested  by  Ord.  p.  244,  \  10,  vide  1  R.  S.  393,  $  19,  20. 


TITLE  VIII. 


OF  COLLECTORS  OF  ASSESSMENTS. 

§  1.  Thertj  shall  be  appointed  by  the  Common  Council  three. 
Collectors  of  Assessments,  each  of  whom  shall,  before  cnter^ 
ing  upon  the  duties  of  his  office,  make  the  oath  or  affirmation, 
and  give  security  in  the  sum  of  twenty  thousand  dollars,  faith-, 
fully  to  discharge  the  duties  of  his  office,  according  to  the  or- 
dinance in  such  case  made  and  provided. 

Note. — The  same  as  \  1  and  2,  Ord.  96.    For  the  power  of  the  Common 
Council  to  make  these  appointments,  see  notes  at  head  of  title  VIL 

§  2.  On  the  confirmation  by  the  Supreme  Court  of  any  re- 
port of  assessments  made  by  Commissioners  of  Estimate  and 
Assessment,  on  the  laying  out  and  forming  or  extending,  en- 
larging, straightening,  altering  or  otherwise  improving  any 
street,  avenue,  square  or  public  place ;  and  on  ratification  by 
the  Common  Council,  of  any  assessment  made  by  Assessors 
appointed  by  the  Common  Council,  the  Common  Council  shall 
designate  the  Collector  to  collect  such  assessment. 

Note. — The  same  as  Ord.  pa.  97,  ^1.  The  language  here  used  to  describe 
the  first  class  of  cases  is  varied  from  the  section  under  revision,  by 
substituting  the  language  of  the  statute  for  that  of  the  ordinance ; 
(1  N.  R.  L.  408,  ^  177,  pa.  409,  { 178,  pa.  421,  J 186 ;)  the  word 
"  lane,"  is  dropped,  it  not  being  used  in  said  statute.  For  a  de- 
scription of  the  other  classes  of  cases,  embraced  by  this  sectipii^  see 
note  at  the  head  of  Title  VII. 

§  3.  The  Collector  so  designated,  shall  forthwith  denriand 
payment  of  such  assessment  from  the  persons  and  parties  w(io 
arc  by  law  required  to  pay  the  same. 


S9 


J^ote.  This  demand  of  payment,  previous  to  the  issuing  of  a  warrant  to  levy, 

&c.  is  required  by  all  the  statutes  relating  to  assessments,  in  the 
sense  used  in  this  ordinance.  See  laws  cited  at  head  of  Title  VII. 
But  as  to  collections  of  arrears  of  taxes,  the  proceeding  is  different. 
In  those  cases  the  warrant  should  be  first  issued ;  and  it  alone  con- 
fers on  the  Collectors  their  legal  character  of  officers,  and  gives  the 
right  to  receive  the  money.    See  notes,  Tit.  Arrears  of  Tajces. 

^  4.  In  default  of  payment  of  the  same,  or  of  any  part  there- 
of, the  Collector  shall,  within  thirty  days  after  the  confirma- 
tion of  such  assessment,  make  application  for  a  warrant  to  le- 
vy the  same,  in  pursuance  of  the  act  in  such  case  made  and 
provided. 

JVbie.— The  same  as  Ord,  p.  97,  J  3.    The  persons  to  whom  the  applicatidfii 
for  the  warrant  is  to  be  made  are  stricken  out,  because  the  Statutes 
do  not,  in  all  cases,  give  the  power  of  issuing  the  warrants  to  the 
isame  parties  :  to  wit ;  it  is  given  to  "  the  Mayor,  Recorder  and  Al- 
dermen, or  any  five  of  them,  of  whom  the  Mayor  or  Recorder  shall 
be  one,"  by  1  N.  R.  L.  407,  425.   Laws  1817,  pa.  18.   Laws  1824, 
39.    Laws\S^\,p.\^l.   Laws  1835,     107;  to  the  "Mayor, 
Aldermen  and  Commonalty,  or  any  five  of  them,  of  whom  the  May- 
or, Recorder,  &c.  shall  be  one,"  by  2  N.  R.  L.  421.    "It  shall  be 
lawful  for  the  said  Mayor,  Aldermen  and  Commonalty  to  levy  the 
same  *  *  *  by  distress  and  sale  of  the  goods  and  chattels  of  said 
proprietors,  &c,"  by  ibid.  432,  ^222.    In  Laivs  of  1820  p.  132,  $  1, 
the  saftne  language  as  in  last  cited  act  is  used,  and  adding  "  by  vir- 
tue of  a  warrant  to  be  issued  by  them  for  that  purpose,  to  any  suita- 
ble person." 

§  5.  The  Collector  of  any  assessment  for  laying  out  and 
forming  or  extending,  enlarging,  straightening,  altering  or  other- 
wise improving  any  street,  avenue,  square  or  public  place, 
shall  make  to  the  Street  Commissioner  his  final  return  of  de- 
linquents, and  amounts  uncollected,  on  or  before  the  expiration 
of  thirty  days  next  after  the  time  limited  by  law  for  the  pay- 
ment of  the  awards  by  the  Corporation  ;  and  the  Collector  of 
every  other  Assessment  shall  make  to  the  Street  Commissioner 
his  final  return  of  delinquents,  and  of  amounts  uncollected,  on 


40 


or  before  the  expiration  of  sixty  days,  after  the  confirmation 
of  such  assessment. 

Note. — The  same  as  Ord,  97,  \  4,  98,  \  5.  The  alterations  in  language 
are  made  to  designate  more  clearly  the  classes  of  assessments  re- 
ferred to. 

§  6.  The  Street  Commissioner,  in  all  cases,  upon  the  Col- 
lectors making  their  returns  as  aforesaid,  shall  make  report  lo 
the  Common  Council,  of  all  such  delinquencies,  to  the  end  that 
they  may  take  order  for  advertising  the  same,  in  pursuance  of 
the  Act  for  the  more  effectual  Collection  of  Taxes  and  Assess- 
ments in  the  Cily  of  New  York. 

§  7.  The  Collectors  of  Assessments  shall  deposite  the  mo- 
nies collected  by  them  respectively,  with  the  Chamberlain,  at 
or  before  eleven  o'clock,  on  the  Wednesday  of  every  second 
week,  during  their  continuance  in  office. 

Note.— The  same  as  \  4.  Ord.  97. 

§  8.  The  compensation  for  collecting  assessments,  shall  not, 
in  any  case,  exceed  ten  per  centum  of  the  whole  amount  col- 
lected. 

Note, — The  same  as  \  7,  Ord.  98.  The  compensation  of  the  Assessors  and 
Collectors  of  Taxes  is  regulated  by  the  Supervisors.  Laws  1^0, 
p.  367,  \  9. 

§  9.  The  Street  Commissioner  shall  control  and  direct  the 
Collectors  of  Assessments,  and  forthwith  report  to  the  Com- 
mon Council,  any  omission  or  neglect,  on  the  part  of  any  such 
Collector,  of  the  duties  of  his  office.  From  Ord,  55,  §  15, 
and  pa,  97,  §  5. 

Note, — The  Collectors  of  Assessments,  by  the  existing  ordinances,  are 
placed  under  the  direction  of  the  Street  Commissioner,  and  there- 
by made  appendages  to  his  office,  but  their  duties  are  purely  finan- 


41 


cial.  It  is  therefore  respectfully  Kubmitted  to  the  Common  Council, 
whether  in  the  due  and  appropriate  distribution  of  the  business  of 
the  city,  and  of  its  officers,  these  officers  and  their  duties  would  not 
be  more  properly  arranged  under  the  Financial  Department,  and 
subjected  to  the  authority  of  the  Comptroller.  By  J  '2,  T//.  1st,  and 
section  4,  sub.  6,  Title  2d,  of  the  Department  of  Finance,  authority 
is  given  to  the  Comptroller  over  all  officers  who  collect  or  disburse 
the  public  monies,  and  over  the  form  of  accounts.  If  the  Common 
Council  should  be  of  opinion  that  these  matters  belong  to  the  De- 
partment of  Finance,  and  should  ado;.t  the  sections  alluded  to, 
"Comptroller"  for  " Street  Commissioner"  must  be  substitued  in 
{4)  5,  and  8  of  this  title. 


6 


CHAPTER  II. 


OF  THE  ACCOUNTABILITY  OF  OFFICERS. 

Note. — The  amended  Charter  \  22,  (Kenfs  Ch.  104,)  provides  as  follows : 
"  It  shall  be  the  duty  of  the  Common  Council  to  provide  for  the  ac- 
countability of  all  Officers,  and  other  persons  to  whom  the  receipt 
or  expenditure  of  the  funds  of  the  City  shall  be  entrusted,  by  re- 
quiring from  them  sufficient  security  for  the  performance  of  their 
duties  or  trust ;  which  security  shall  be  annually  renewed  ;  but  the 
security  first  taken  shall  remain  in  force  until  new  security  shall  be 
given.    See  Proceedings  of  the  Convention,  pa.  309,  329,  330. 

The  Mayor,  Aldermen  and  CommonaU>/  of  the  City  of  New 
Yorky  in  Common  Council  convened,  do  Ordain  as  follows : 

§  1.  All  officers  or  other  persons  to  whom  the  receipt  or 
expenditure  of  the  funds  of  the  City  shall  be  entrusted,  shall 
before  entering  upon  the  duties  of  their  respective  offices  or 
trusts,  give  good  and  sufficient  security  for  the  faithful  perform- 
ance of  their  duties  and  trusts,  and  duly  and  fitithfully  to  pay 
over  and  account  for,  all  such  funds  and  monies  as  shall  come 
to  their  hands ;  and  such  security  shall  be  by  bond  to  the 
Mayor,  Aldermen  and  Commonalty  of  the  City  of  New  York, 
executed  by  the  officer  and  sureties,  or  secured  by  mortgage 
on  real  estate,  and  shall  be  annually  renewed  ;  but  each  bond 
shall  be  so  drawn  as  to  remain  in  force,  and  shall  remain  in 
force  until  new  security  shall  be  given. 

Note, — This  section  is  new.    The  section  of  the  amended  Charter,  above 
cited,  makes  it "  the  duty  of  the  Common  Council  to  provide  for 


44 


the  accountability  of  officers,"  but  does  not  itself  make  the  provi.. 
\dsion.  The  existing  ordinances  contain  various  specific  provisions 
for  particular  officers,  and  probably  for  each  and  all  of  them,  but 
no  general  provision ;  yet  such  general  provision  seems  obviously  to 
be  proper,  if  not  required  by  the  Charter.  This  section  is  there- 
fore submitted. 

The  clause  authorizing  security  to  be  given  by  mortgage  is  sug- 
gested by  the  rule  of  the  Court  of  Chancery  on  the  subject  of  se- 
curities. 

§  2.  All  bonds  for  ihe  faithful  performance  of  duties  in  any 
office,  or  appuiuiment,  or  trust,  shall  be  approved  as  to  their 
form  and  sufficiency  of  security,  by  the  Finance  Committees 
of  both  Hoards  of  the  Common  Council,  unless  otherwise  spe- 
cially directed  by  ordinance  or  law. 

Note. — The  same  as  Ord.  245,  ^  19,  except  by  adding  "  or  trust"  taken 
from  the  amended  Charter ;  and  requiring  the  Committee  to  pass 
on  the  form  and  sufficiency  of  the  security. 

This  duty  of  passing  upon  bonds  partakes  so  much  of  the  charac- 
ter of  Executive,  as  distinguished  from  Legislative  duties,  that  it  is 
suggested  whether  it  does  not  properly  belong  to  the  Executive 
Department  under  \  21,  Am.  Char. 

The  last  clause  is  added,  to  avoid  inconsistency  of  Legislation,  as 
the  ordinances  require  the  Bonds  of  the  Superintendent  of  Lamps, 
to  be  approved  by  the  Common  Council.  Ord.  40,  \  2.  And  those 
of  Clerks  of  Markets  to  be  approved  of  by  the  Mayor.   Ord.  24,  5  2, 

§  3.  All  bonds  of  officers  and  other  persons,  for  the  faithful 
performance  of  duties  and  trusts,  shall  be  filed  in  the  office  of 
the  Comptroller,  unless  specially  directed  by  law  or  ordinance 
to  be  filed  with  some  other  officer. 

Note, — This  section  is  new,  although  the  'Ordinance  as  to  duties  of  the 
Comptrollei:,  contains  a  provision  ffom  which  the  obligation  of  the 
section  might  be  inferred.  Ord.  108,  \  1.  Artte  Ch.  1,  Tii.  2,  ^-4, 
sub.  3. 

§  4.  Every  person  appointed  to  any  office,  or  the  perforoi- 
ance  of  any  duty,  by  and  under  the  Gem^n^on  Council,  shall. 


45 


previous  to  entering  upon  the  duties  ol"  such  olfice,  take  and 
subscribe  an  oath  or  aliirmation,  before  the  Mayor,  faithfully 
to  perform  the  duiies  of  said  office. 

§  5.  There  shall  be  provided,  under  the  direction  of  the 
Mayor,  and  kept  in  his  office,  a  suitable  number  of  books  for 
the  insertion  of  the  said  oaths  or  affirmations  of  office,  and 
every  person  taking  such  oath  or  affirmation  shall  subscribe 
the  same  in  such  book. 

Note. — The  same  as  Ordinance  as  to  oaths  of  Office.    Ord.  167. 

§  6.  That  in  all  cases  where  the  particular  laws  do  not 
otherwise  provide,  it  shall  be  the  duty  of  heads  of  depart- 
ments and  others,  applying  to  the  Comptroller  for  warrants 
for  money  to  be  by  them  disbursed,  to  furnish  that  officer  with 
the  vouchers  hereinafter  described,  to  be  by  him  filed  as  part 
of  the  documents  of  his  office,  viz : — 

1st.  Whenever  payment  shall  have  been  completed  by  the 
signing  of  a  pay-roll,  said  pay-roll,  or  a  copy  thereof,  duly 
signed  by  the  party  receiving  the  money,  shall  be  left  with  the 
Comptroller,  but  this  section  shall  not  apply  to  Captains  of 
the  Watch. 

2d.  Whenever  a  demand  shall  have  been  settled  by  the 
signing  of  a  receipt,  such  receipt,  or  a  copy  thereof,  duly  sign- 
ed by  the  party  receiving  the  amount,  shall  be  left  with  the 
Comptroller. 

3d.  Wherever  payments  are  made  for  articles  obtained  for 
the  public  use,  the  original  bill  of  parcels,  or  a  copy  thereof, 
duly  receipted  by  the  party  entitled  to  receive  the  money  for 
the  same,  shall  be  left  with  the  Comptroller. 

4th.  Whenever  services  shall  have  been  rendered,  or  arti- 
cles furnished,  (not  under  any  particular  department)  which, 
in  their  nature,  cannot  be  subject  to  the  operation  of  any  tariff 
or  general  regulation  for  payment,  the  bill  or  demand  for  the 
game  shall  be  accompanied  by  an  affidavit  of  the  fact,  that  such 
services  have  been  rendered,  or  that  such  articles  have  been 


46 


furnished,  and  that  the  compensation  charged  therefor,  is  not 
more  than  individuals  are  accustomed  to  pay  for  similar  ser- 
vices. 

Note. — The  same  as  Chap.  42,  Ord.  211.  The  exception  to  the  1st  subdi- 
vision of  5  6  is  added,  to  conform  it  to  the  section  relating  to  Cap- 
tains of  the  Watch,  to  wit : 

§  7.  It  shall  be  the  duty  of  the  Captains  of  the  City  Watch, 
at  the  time  of  applying  for  the  usual  warrant  on  the  Treasurer 
for  the  payment  of  the  City  Watch,  to  furnish  the  Comptroller 
with  a  copy  of  the  pay-roll  for  the  two  preceeding  weeks'  dis- 
bursements; which  pay-roll  shall  cover  the  sum  last  drawn, 
and  be  certified  by  the  Captain  and  his  Assistant,  and  the  same, 
together  with  the  application  for  the  money,  shall  be  filed  by 
the  Comptroller  as  a  part  of  the  documents  of  his  office. 

Note.— The  same  as  Ordinance  of  26  Dec.  1834,  2  P.  C.  C.  287. 


CMAPTER  III. 


OF  THE  PUBLIC  ADMINISTRATOR. 

Notes. — The  administration  of  the  estates  of  persons  dying  intestate,  and 
without  next  of  kin,  seems  to  have  been  left  miregulated  by  Sta- 
tute, until  the  passage  of  the  act  of  236?  March,  1792.  By  that 
act  the  Attorney  General  was  charged  with  the  supervision  of  the 
administrators  of  such  estates,  and  the  funds  were  taken  into  the 
care  of  the  state.    2  Gr.  420. 

By  act  of  1  Ap.  1799,  the  Chamberlain  of  the  City  of  New  York 
was  constituted  Public  Administrator,  and  the  Corporation  made  re- 
sponsible for  the  due  administration  of  all  estates,  the  administration 
of  which  was  committed  to  their  Chamberlain.  See  3  Gr.  559.  1 
Web.  321,  322.  1  N.  R.  L.  449. 

By  act  of  11  April  1815,  (pa.  161,)  the  appointment  of  a  PubHc 
Administrator  was  given  to  the  Corporation  of  the  City  of  New 
York ;  the  city  made  responsible  for  the  due  administration  of  the 
estates  committed  to  liim ;  and  charged  with  the  funds  of  the  estates. 

AH  thie  now  existing  laws  on  tliis  subject  are  contained  in  the 
Revised  Statutes,  vol  2,  pa.  118,  <^c.  and  Laws  of  1837,  pa.  222, 
which  see,  for  the  powers,  duties  and  responsibihties  of  the  Corpo- 
ration, the  Comptroller  and  Pubhc  Administrator. 

By  that  law,  44,)  it  is  enacted  as  follows  :  It  shall  and  may  be 
lawful  for  the  Common  Council  of  the  said  city  to  give  such  direc- 
tions, and  to  make  such  rules  and  regulations  for  the  government  of 
the  said  Public  Administrator,  as  they  may  from  time  to  time  deem 
necessary  and  proper,  to  carry  into  effect  the  provisions  of  said  arti- 
cle, {Art.  1,  Tit.  6,  Chap.  6,  Part  2,  2  R.  S.  118,)  «  And  it  shaU  be 
his  duty  faithfully  in  all  things  to  conform  to  the  same,"  2  R.  & 
'     128.  Laws  1829, 244. 

The  following  provisions  of  the  Statute  are  submitted  to  th.e 
consideration  of  the  Common  Council,  as  well  as  those  cited  in  the 
notes  to  the  several  sections. 


48 


The  Corporation  is  made  responsible  in  all  cases  for  the  applica- 
tion of  all  monies  received  by  the  Public  Administrator,  according^ 
to  law,  and  for  the  due  and  faithful  execution  of  all  the  duties  of  his 
office,  2  R.  S.  127,  }  42. 

One  year  after  administration  committed  to  him  on  any  estate, 
the  Public  Administrator  shall  account  to  the  Surrogate.    2  R. 
126,  5  35,  r.ubd.  9. 

The  balance  remaining  in  his  hands  on  adjustment  of  his  ac- 
counts, shall  be  paid  into  the  City  Treasury.  2  R.  S.  126,  ^  35, 
subd.  14. 

The  Corporation  is  made  answerable  for  all  stocks  transferred  by 
the  Public  Administrator,  and  the  dividends  tliereon,  and  money 
paid  into  the  City  Treasury,  or  which  ought  to  be  transferred  or 
paid  according  to  law,  except  the  commissions.    2  R.  S.  127,  $43. 

The  Mayor,  Aldermen  and  Commonalty  of  the  City  of  New 
York,  in  Common  Council  convened,  do  ordain  as  foUoios; 
to  wit: 

§.  1.  The  Public  Administrator  is  appointed  by  the  Common 
Council,  and  holds  his  office  during  the  pleasure  of  the  same. 

§  2.  Before  entering  upon  the  duties  of  his  office,  he  must 
take  the  oath  prescribed  by  the  constitution,  and  execute  a 
bond  with  sureties  approved  of,  and  conditioned,  according  to 
the  Statute. 

§  3.  He  is  to  be  paid  an  annual  salary  for  his  services  in 
quarterly  payments. 

Note. — These  three  preceding  sections  do  but  declare  the  law  of  the  state, 
as  in  2  R.  S.  pa.  118,  ^  1,  2,  3.  By  the  3d  the  PubUc  Adminis- 
trator is  required  to  retain  a  commission  on  his  receipts,  and  pay  the 
same  into  the  City  Treasury.    His  salary  shall  not  be  less  than 

^i,*m 

^  4.  It  shall  be  the  duty  of  the  Public  Administrator, 

1.  To  furnish  the  Comptroller  with  copies  of  all  letters  of 

administration,  which  shall  be  granted  to  him,  within  three 

days  after  they  shall  be  granted. 

fft^. — The  same  in  substance  as  Ord.  207,  $  5. 


49 


2.  To  make  a  return  to  the  Comptroller  once  in  each  month, 
and  oftener  if  required,  of  the  amount  of  money  received  by 
him  since  his  then  last  return,  for  any  estate  on  which  he  shall 
administer. 

Note, — This  section  is  a  re-draft  of  \  6,  Ord.  207,  and  is  submitted  as 
above,  to  avoid  an  ambiguity  contained  in  the  last  line  of  the  origi- 
nal section.  It  is  supposed  that  \  6  w^as  intended  to  require  a 
monthly  return  of  the  monthly  receipts  only. 

3.  To  render  to  the  Common  Council,  on  the  first  day  of 
January  in  each  year,  or  within  fourteen  days  after  that  day, 
a  statement  on  oath,  and  in  a  tabular  form,  of  the  following 
particulars  in  each  case,  in  which  he  shall  have  taken  charge 
of  and  collected  any  effects,  or  in  which  he  shall  have  admi- 
nistered on  any  estate  during  the  preceding  year,  to  wit : 
1.  The  name  of  the  deceased.  2.  His  addition.  3.  The 
place  of  his  residence  at  the  lime  of  his  death,  if  the  same  be 
known.  4.  The  country  or  place  from  which  he  came,  if  he 
was  not  a  resident  of  this  state  at  the  lime  of  his  death. 
6.  The  monies  received  for  commissions  and  expenses. 
6.  The  total  amount  of  receipts  and  expenditures.*  7.  The 
total  amount  of  debts  ascertained  and  allowed.  8.  The  amount 
of  costs.  9.^  The  amount  distributed.  10.  The  date  of  the 
letters  of  administration.  And  also  a  transcript  of  such  of  his 
accounts  as  shall  have  been  closed  or  finally  settled,  and  of 
those  on  which  any  money  has  been  received  by  him  as  part  of 
the  proceeds  of  any  estate  on  which  he  has  received  letters  of 
administration. 

Note. — This  subdivision  is  a  re-draft  of  \  7,  Ord.  207.  The  first  part  of 
it  down  to  the  asterisk,*  contains  only  the  obligation  imposed  on 
the  Public  Administrator  by  2  R.  S.  127,  \  39.  The  section  under 
revision,  evidently  intended  to  affirm  those  obligations  thus  far.  In 
the  re-draft,  the  language  of  the  Statute  has  been  substituted  for 
that  in  the  ordinance,  for  the  sake  of  precision,  and  has  been  cau- 
tiously adopted,  as  by  the  Statute  the  PubHc  Administrator  is  re> 

7 


50 


quired  j^^o  render  such  statement,  and  publish  it  under  the  penalty 
of  $500,  and  forfeiture  of  office,  see  2  R.  S.  127,  ^  40,  41.  The 
other  alterations  are  verbal  only,  and  made  with  a  view  to  greater 
precision. 

§  5.  The  is  hereby  designated  as 

the  Bank  in  which  the  Public  Administrator  shall  deposit  all 
nnonies  by  him  collected  and  received  as  required  by  law. 

iVote.— This  section  is  taken  from  §  1,  Ord.  206,  and  is  the  only  part  of  the 
matter  of  that  section,  over  which  the  Common  Council  has  control- 
The  other  obligations  contained  in  that  section  are  created  by  the 
Statute,  2  R.  <S,  126,  ^  36,  and  are  the  same  as  follows : 

§  6.  The  Public  Administrator  must  deposit  all  monies  by 
him  collected  and  received,  within  two  days  after  the  receipt 
thereof,  in  such  Bank  as  the  Common  Council  shall  designate, 
to  the  joint  credit  of  himself  and  the  Comptroller,  excepting  so 
much  as  may  be  necessary  to  pay  the  current  expenses  of  any 
proceedings  authorized  by  law,  which  shall  be  allowed  by  the 
Surrogate  of  New  York,  and  shall  not  exceed  twenty  dollars 
in  any  one  case. 

Note. — This  section  but  declares  the  rule  of  the  Statute  above  referred  to, 
(2  R.  S.  126,  $  39.)  It  corresponds  with  ^  1,  Ord.  206,  except 
that  the  language  of  the  Statute  is  as  strictly  followed  as  it  could 
be. 

§  7.  The  Comptroller  shall  see  that  the  said  deposits  are 
punctually  and  faithfully  made  as  required  by  law. 

Note. — The  same  as  the  last  clause  of  ^  4,  Ord.  207, 

§  8.  The  monies  so  deposited  can  be  drawn  out,  only  on 
the  joint  check  of  the  Public  Administrator  and  the  Comp- 
troller, in  the  cases  where  by  law  the  Public  Administrator  is 
required  to  pay  out  monies.    And  the  Comptroller  must  pre- 


ol 

serve  a  register  of  all  checks  signed  by  him,  as  a  pari  of  the 
documents  of  his  office. 

Note. — The  same  as  2  R.  S.  127,  ^  37,  and  but  declares  that  law. 

By  ^  35,  S7(bd.  11,  2  R.  S.  126,  the  Public  Administrator  shaU  not 
be  allowed  on  settling  his  accounts  before  the  SuiTogate,  for  any 
payments  made  by  him,  unless  the  same  be  made  on  the  joint  checks 
of  the  Public  Administrator  and  the  Comptroller  on  the  Bank  in 
which  his  deposits  are  required  to  be  made,  except  for  current  ex- 
penses not  exceeding  820. 

§  9.  The  Public  A(hninisiratc>r  shail,  whcuever  required 
so  to  do  by  tlie  Coinptroller,  exhibit  to  him  tlie  bank  book  con- 
taining said  deposits,  and  all  other  vouchers  and  documents 
relating  to  his,  the  saiti  Public  Administrator's  office. 

§  10.  It  shall  be  the  duty  of  the  Comptroller  before  signing 
any  check  for  money  deposited  as  aforesaid,  to  examine  said 
bank  book,  and  the  vouchers  on  which  the  required  payment  is 
to  be  made,  and  to  satisfy  himself  fully  ns  to  the  correctness 
thereof;  and  in  case  of  any  doubt  or  difficulty,  to  report  the 
samiC  to  ihe  Common  Council. 

]>fot.e. — The  two  last  sections  are  the  same  as  ^  2  and  3,  Ord.  20(3. 

§  11.  No  paym.ent  of  any  unadministered  balance  ot  any 
intestate's  estate,  remaining  on  hand,  shall  be  made  to  any 
person  claiming  the  same  as  heir  or  next  of  kin  to  the  deceas- 
ed, unless  the  Public  Administrator  and  the  Comptroller  shall 
be  first  satisfied,  that  the  person  claiming  the  same  be  the  legal 
heir  or  next  of  kin  of  the  deceased,  or  otherwise  entitled  to 
the  estate  or  payment ;  and  if  positive  evidence  of  the  facts 
cannot  be  produced,  the  best  evidence  the  nature  of  the  case 
will  admit  of,  must  be  produced  and  furnished. 

Note. — The  same  in  substance  as  the  resolution  of  11  Feb,  1834,  2  Pro.  C. 
C.  124,  but  the  reviser  has  doubts  as  to  its  propriety.  The  Statute 
(2  R.  S.  126,  §  35,  sub  d,  13,)  is  as  foUows :  "  He  (the  Pubhc  Admi- 
nistrator) shall  pay  all  legacies  and  shares  of  the  estate  of  the  de- 


52 


ceased  according  to  the  decrees  of  the  Surrogate."  Thus  taking  ail 
discretion  on  the  subject  from  the  Corporation  or  its  officers,  as  to 
matters  on  which  the  Surrogate  shall  act.  And  the  balances  which 
remain  in  the  hands  of  the  Public  Administrator,  after  settling  his  ac- 
counts before  the  Surrogate  as  before  stated,  are  by  the  next  subdi- 
vision of  the  Statute  (14th,)  directed  to  be  paid  into  the  City  Trea- 
sury.— They  thus  pass  from  the  authority  of  the  Pubhc  Administrator, 
and  the  Corporation  becomes  subject,  in  relation  thereto,  to  the 
same  habilities  as  excutors.  See  ^  43,  pa.  128,  2  R.  S.  For  these 
habilities  as  executors,  reference  must  be  had  to  the  general  law  on 
this  subject,  for  which  see  2  R.  S.  92,  5  52— pa.  93,  §  QO—pa.  95, 
^  71— pa.  98,  5  81,  82,  84.  But  the  directions  of  the  Statute  seem 
to  run  out  at  this  point,  and  it  only  remains  for  the  Common  Coun- 
cil to  delegate  to  their  proper  officers  so  much  of  the  discretion  of 
executors  left  in  them,  for  determining  wlio  may  be  entitled  to  the 
estate,  as  they  may  deem  proper  to  delegate.  With  such '  views, 
the  reviser  would  advise  a  modification  of  the  section,  so  as  directly 
to  confer  the  power,  rather  than  leave  it  as  in  the  above  section, 
and  the  resolution  of  the  11th  February,  1834,  implying  the  power 
to  exist  in  the  officers.  He  therefore  proposes  the  following  as  a 
substitute : 

§  1 1.  The  Comptroller  is  hereby  authorized  to  distribute  and 
pay  any  unadministered  balance  of  any  intestate's  estate  re- 
maining in  the  City  Treasury,  to  the  heirs  or  next  of  kin  o^  the 
deceased,  whenever  the  Public  Administrator  and  the  Comp- 
troller shall  be  satisfied  that  the  person  claiming  the  same 
be  such  heir  or  next  of  kin,  or  otherwise  entitled  to  the 
estate  or  payment ;  but  if  positive  evidence  of  the  facts  be  not 
produced,  they  shall  examine  the  claim  and  report  the  facts 
and  evidence  to  the  Common  Council  for  directions. 

§  12.  The  Comptroller  shall  keep  a  register  in  his  office,  and 
cause  to  be  entered  therein,  from  time  to  time,  and  immedi- 
ately as  the  same  shall  occur,  all  cases  in  which  administra- 
tion shall  be  granted  to  the  Public  Administrator. 

Note. — The  same  as  the  first  clause  of  §  4,  p.  206. 


COMMON  SCHOOLS, 


To  the  Honorable 

The  Common  Council  of  the 

City  of  New  York  : 

The  reviser  most  respectfully  submits  to  the  Common^ 
Council,  a  revision  of  the  Ordinance,  relating  to  the  School 
Monies.  The  alterations  suggested  are  very  slight.  The 
following  notes  from  the  Statutes  and  references,  are  sub- 
mitted for  the  consideration  of  the  Council,  when  acting  upon* 
this  ordinance. 

The  first  act  of  the  State  of  New  York  for  the  encourage- 
ment of  CoAimon  Schools,  was  passed  1st  April,  1795,  (3  Gr, 
Laws  124.)  For  subsequent  general  laws  on  the  subject,  see 
acts  of  19th  June,  1812,  (6.  Web.  600,  and  1  N.  R.  L,  258,) 
12  March,  1813,  (1  N,  R.  L,  266,)  15  April,  1814,  {Laws, 
1814,  j9.  229)  12  April,  1819,  {Laws,  1819,  p.  187,)  1  R,  S. 

466,  and  as  to  the  City  of  New  York,  1  R.  S.  488. 

The  School  Monies  are  divided  amongst  the  several  Coun- 
ties of  the  State  in  proportion  to  their  population.    1  R.  S, 

467.  The  Superintendent  of  Common  Schools,  (Secretary  of 
State,  ex  officio,)  makes  the  apportionment,  and  is  required  to 
certify  each  apportionment  to  the  Comptroller  of  the  State, 
and  give  immediate  notice  thereof  to  the  Clerk  of  each  County, 


54 

nnd  to  the  Clerk  of  the  Cliy  and  County  of  New  York,  stating 
the  annount  apportioned  to  his  County,  and  the  time  when 
payable.  1  R.  S.  468,  §  7.  The  sum  annually  to  be  distri- 
buted, is  ordered  to  be  paid  on  the  1st  of  February,  in  each 
year,  on  the  warrant  of  the  (State)  Comptroller,  to  the  Trea- 
surers of  the  several  Counties,  and  Chamberlain  of  the  City 
of  New  York.    lb.  §11,  196.  §3. 

The  Chamberlain  must  apply  for  and  receive  the  School 
Money  apportioned  to  the  City,  as  soon  as  it  becomes  payable. 
1  R.  S.  468,  §12.  Vid.  1  N,  R.  L.  267,  §1.  Laws  1834,  p. 
337,  §1. 

The  Clerk  of  the  City  and  County  of  New  York  must  im- 
mediately upon  receiving  notice  from  the  Superintendent  of 
the  amount  of  School  Money  apportioned  to  the  City,  lay  the 
same  before  the  Corporation  of  the  City,  in  Common  Council 
convened.  1  R.  489,  §  129.  VicL  1  N.  R.  L.  267,  §2. 
Laws  1824,  p.  337,  §2. 

The  Corporation  must  annually  raise  by  tax,  a  sum  equal 
to  the  sum  they  receive  from  the  School  Fund.  1  R,  S.  189, 
§130.  And  the  Corporation,  by  act  of  3  829,  jo.  297,  are  au- 
thorised to  raise  a  further  tax  of  l-80th  of  one  per  cent,  and 
by  act  of  1831,  p.  164,  a  further  tax  of  3-80ths  of  one  per 
cent,  on  all  taxable  property  of  the  City,  to  be  applied  exclu- 
sively to  the  purposes  of  Common  Schools  in  the  City.  See  2 
ed,  1  Ji.  S.  189,  §131,  132. 

The  Corporation  must,  on  or  before  the  1st  of  May,  in 
every  year,  direct  that  a  sum  equal  to  that  last  received  by 
the  Chamberlain  from  the  Common  School  Fund,  be  deposited 
bv  him,  together  with  the  sum  so  received,  in  one  of  the  banks 
of  the  City,  to  the  credit  of  the  Commissioners  of  School  Mo- 
ney for  the  City,  subject  only  to  their  drafts  to  the  order  of 
the  Treasurers  of  the  Societies  or  Schools  entitled  thereto,  or 
persons  duly  authorized  by  the  Trustees  of  such  Societies.  1 
R.  S,  489  §133.  Vid.  Laws  1824,  p.  337,  §  2,  where  this 
provision  first  appears. 

The  Common  Council  are  authorized  to  pay  out  of  the  spe- 


55 


cial  school  tax  money,  not  exceeding  $500  in  any  one  year, 
10  the  Commissioners  of  School  Money,  for  iheir  incidental 
expenses  in  visiting  the  Schools.    1  R,  S.  491,  §140.  Laws 

1834,  ;?.  31. 

Once  at  least  in  three  years  the  Corporation  must,  by  ordi- 
nance, designate  the  societies  or  schools  which  shall  be  entitled 
to  receive  a  share  of  the  School  Monies,  and  prescribe  the 
rules  and  restrictions  under  which  the  monies  shall  be  received, 
and  such  ordinance  must  be  published.  1  R.  iS.  490,  §137. 
For  the  history  of  this  power,  see  act  of  1795,  §  5,  3  Gr.  127. 
Act  10  March  1797,  lb,  244.— Act  8  April,  1801,  2  Web, 
253.  Act  \2th  March,  ISIS,  I  N.  R.  L.  267,  §  4.  Laws  1820, 
p.  117.    lb,  IS21,  pa.  10.    Laws  1S24,  p.  338,  §4.  Laws 

1835,  ;?.  54. 

The  Mayor,  Recorder,  Aldermen  and  Assistants  are  ex 
officio  members  of  "  The  Public  School  Society  of  New  York," 
and  the  Mayor  and  Recorder,  Trustees.  Act  of  9  April,  1805, 
4  Web,  265,  §  6.  Act  28  January,  1826,  §  8,  Laws  1826,  p.  19. 

All  the  other  special  obligations,  powers  and  duties  of  the 
Corporation,  in  relation  to  Common  Schools  and  School  Mo- 
nies, are  contained  in  Part  1,  Chap.  15,  Tit,  2,  Aft.  7,  R,  S. 
2  Vol.  489,  §129  ^0  146,  2d  ed.  inclusive. 

Most  respectfully  submitted, 

'  VVM.  SAMUEL  JOHNSON. 

New  York,  January  4th,  1838. 


CHAPTER  IV. 


OF  COMMON  SCHOOLS. 

The  Mayor,  Aldermen  and  Commonalty  of  the  City  of  New 
York, in  Common  Council  convened,  do  Ordain  as  follows: 

§  1.  Once  in  every  three  years  after  the  month  of  January, 
in  the  year  one  thousand  eight  hundred  and  twenty-five,  the 
Corporation  must  appoint  from  the  inhabitants  of  the  City, 
one  from  each  ward,  to  be  "  Commissioners  of  School  Mo- 
ney,** who  shall  hold  their  offices  for  three  years,  and  until 
others  are  appointed  in  their  places;  all  vacancies  occurring 
in  the  office  of  Commissioner  must  be  supplied  by  the  Corpo- 
ration, and  the  person  appointed  to  fill  the  vacancy  will  hold 
his  office  for  the  residue  of  the  time  for  which  his  predecessor 
was  appointed.  ,  But  no  Trustee  or  other  officer  of  any  So- 
ciety or  School  which  shall  be  entitled  to  receive  a  share  of 
the  School  Money,  can  be  appointed  a  Commissioner  of  the 
Sckool  Monies. 

Note. — This  section  but  declares  the  obhgations  of  1  R.  S.  489,  §  134, 135, 
136.   Laws  1824,  p.  337.   tos  1828,  p.  93. 

§  2.  The  Societies  or  Schools  which  shall  be  entitled,  re- 
spectively, to  receive  shares  of  the  School  Fund,  or  monies 
payable  to  and  raised  in  the  said  city  for  the  support  of  Com- 
mon Schools,  are  hereby  designated  to  be  the  Public  School 
Society  of  New  York,  the  Mechanics'  Society,  the  Orphan 

8 


58 


Asylum  Society,  the  Tnisiecs  of  the  Harlaem  School,  ih^ 
Trustees  of  the  Manliattanville  School,  the  Tiustees  of  the 
Hamilton  School,  the  Trustees  of  Yorkville  School,  the  New 
York  Catholic  Benevolent  Society,  (fur  such  orphan  chil- 
dren as  shall  be  taught  in  the  School  and  maintained  in 
the  Asylum  in  Prince  street,)  the  Trustees  of  the  African  Free 
School  in  the  City  of  New  York,  the  Board  of  JManagers  of 
the  New  York  Institution  for  the  Blind,  and  the  Managers  of 
the  Half  Orphan  Asylum  of  the  City  of  New  York,  subject 
to  the  provisions  contained  in  the  fifteenth  chapter  of  the  first 
part  of  the  Revised  Statutes,  entitled  "Of  Public  Instruction,'* 
and  to  the  rules  and  regulations  hereinafter  prescribed. 

iVo^e.— The  same  as  §  1,  Ord.  209.  "  The  Managers  of  the  Half  Orphan 
Asylum  of  the  City  of  New  York,  is  inserted  from  the  resolution 
4th  Feb.  1837,  4  Pro.  C.  C.  175.  See  1  N.  R.  L.  267,  J  4.  Laws 
1820.  117, 5  2.   Laws  1821, 10,  ^  2.    lb.  55,  ^  7. 

§  3.  In  order  to  produce  an  uniform  mode  of  ascertaining  the 
average  number  of  scholars  in  the  schools  of  the  Societies  above 
mentioned,  and  to  effect  more  fully  the  object  of  the  123d  ori- 
ginal section  of  the  seventh  article  of  the  second  title  of  the  said 
chapter  of  tlie  Revised  Statutes,  the  number  of  school  times 
in  each  year  (which  is  thereby  made  the  divisor  of  the  num- 
ber of  scholars  at  each  and  every  school  time  or  half  day  in 
each  year,)  shall  be  computed  at  tlie  number  of  five  hundred. 

Note.— The  same  as  $  3,  Ord.  209.  The  word  "  original"  is  inserted,  as  in 
the  2d  edition  of  the  Revised  Statutes  ;  the  section  referred  to  is 
numbered  138.    See  1  R.  S.  490. 

§  4.  The  Public  School  Society  of  New  York  are  hereby 
•authorized  .to  apply  any  surplus  of  the  said  fund  or  monies 
which  may  remain  in  their  hands  after  paying  the  salaries  of 
the  Teachers  en^ ployed  by  them,  to  the  erection  of  buildings 
for  public  schools,  and  to  all  the  needful  purposes  of  a  com- 
mon school  education  ;  but  to  no  other  purpose  whatsoever. 


§  5.  It  shall  be  the  duty  of  the  Trustees  of  the  Public 
School  Society  of  New  York,  to  make  a  report  during  the 
month  of  May,  in  each  year,  to  the  Superintendent  of  the 
Common  Schools,,  and  also,  to  the  Common  Council  of  this 
City,  containing  a  particular  account  of  the  state  of  their 
schools,  and  of  the  monies  received  and  expended  by  them, 
during  the  preceding  year,  so  as  to  exhibit  a  full  and  perfect 
statement  of  the  property,  funds-  and  affairs  of  the  said  So- 
ciety. 

^  6.  The  Trustees  of  ench  of  the  aforesaid  Institutions  (ex- 
cept the  Public  School  Society  of  New  York,)  which  shall 
receive  from  said  School  Monies  more  than  the  sum  of  fifty 
dollars,  shall  keep  the  said  money  so  received,  separate  and 
apart  from  all  other  money  belonging  to,  or  under  the  control 
of  said  Trustees;  and  immediately  upon  the  receipt  of  such 
money,  shall  deposit  the  same  in  one  of  the  incorporated  banks 
of  this  city,  subject  only  to  the  draft  of  the  said  Trustees  or 
their  Treasurer,  payable  to  the  order  of  the  Teacher  or  Teach- 
ers employed  in  the  said  Institution. 

§  7.  All  children  hereafter  to  be  admitted  into  the  Schools 
of  cither  of  the  said  Institutions  shall  be  received  only  on  the 
certificate  of  the  Trustees  of  the  said  Institutions  respectively, 
that  such  child  appears,  upon  examination,  to  be  bet^veen  the 
age  of  four  and  |ixteen  years  ;  which  certificate  shall  be  filed, 
and  be  subject  to  the  inspection  of  the  School  (Commissioners. 

^  8.  It  shall  be  the  duty  of  the  Trustees,  or  other  officers 
having  the  direction  or  government  of  the  said  Institutions,  or 
a  Committee  of  them,  to  visit  and  inspect,  once  at  least  in 
every  week  throughout  the  year,  except  in  the  time  of  vaca- 
tion, the  school  or  schools  under  their  charge,  and  to  make 
memorandums  of  such  visits  in  a  book  to  be  kept  in  each 
School,  and  such  book  shall  at  all  times  be  subject  to  the  in- 
spection of  the  Commissioners  of  School  Monies,  and  shall 
be  produced  to  the  said  Commissioners  when  the  annual  re- 
turn of  the  said  school  or  schools  shall  be  furnished  according 
to  law. 


60 

§  9.  It  shall  be  the  duty  of  the  Comraissioners  of  School 
Monies  to  report  to  the  Common  Council  any  failure  or  omis- 
sion on  the  part  of  the  Trustees  or  officers  of  the  said  Institu- 
tions, or  either  of  them,  to  comply  with  any  of  the  duties  re- 
quired of  them  by  the  sixth,  seventh  and  eighth  sections  of  this 
ordinance. 

§  10.  It  shall  be  the  duty  of  the  Commissioners  to  give  at 
least  three  days  previous  notice  to  each  of  the  Members  of 
the  State  Legislature,  residing  in  this  city,  and  to  each  of  the 
Members  of  the  Common  Council,  of  the  time  and  place  of 
making  their  semi-annual  visits  for  the  examination  of  the  said 
schools,  as  required  by  the  124th  section  of  the  second  title  of 
the  said  fifteenth  chapter  of  the  first  part  of  the  Revised  Sta- 
tutes. 

.  §  11.  Nothing  contained  in  this  law  shall  be  construed  to  be 
repugnant  to  any  of  the  provisions  of  the  said  fifteenth  chap- 
ter of  the  first  part  of  the  Revised  Statutes. 

Note. — ^The  eighth  preceding  sections  are  the  same  as  the  existing  Ordi- 
nance, pages  210,  211,  with  slight  verbal  alterations.  «  Commis- 
sioners of  School  Monies,"  has  been  substituted  for  "School  Com- 
missioners," as  the  latter  officers  do  not  exist  in  the  City  and 
County  of  New  York,  but  do  in  other  parts  of  the  State. 


*  CITY  DEBT. 


To  the  Honorable 


The  Common  Council  of  the 


City  of  New  York  ;• 


The  lleviser  of  the  City  Ordinances  has  the  honor  of  sub- 
mitting to  the  Common  Council  herewith,  a  revision  of  the 
Ordinances  relating  to  the  Public  Stocks  of  the  City,  and 
to  the  Sinking  Fund.  The  Acts  of  the  Common  Coun- 
cil, affecting  the  funded  debt  of  the  city,  prior  to  1835,  have 
heretofore  been  buried  in  the  old  records,  and  the  history  of 
these  debts  seenris  to  be  unknown  to  any  present  officer  of  the 
City  Government.  The  resolutions  and  ordinances  contained 
in  the  first  title  of  the  Chapter  now  submitted,  have  been  found 
with  much  difficulty,  and  only  after  great  and  patient  search, 
by  the  efficient  and  obliging  Assistant  Clerk  of  the  Common 


62: 

Council.  Thejndexcs  to  the  engrossed  nninutcs  do  not  point 
to  them.  Some  of  these  resolutions  may  not  at  this  time,  be 
of  importance  as  affecting  existing  rights,  yet  it  would  be  ha-- 
zardous  to  say  they  nre  not,  and  they  are  curious,  and  should 
be  brought  into  light,  as  a  matter  of  history,  and  guide  for  fu- 
ture legislation.  The  reviser  has,  therefore,  collected  and  ar- 
ranged them,  to  the  end,  that  they  be  printed  with  the  ordi- 
nances, if  the  Common  Council  shall  deem  it  expedient.  Ma- 
ny of  these  resolutions,  &c.  do  affect  existing  rights  ;  for  they 
relate  to  outstanding  unredeemed  funded  debts  of  the  City» 
and  constitute  the  authority  under  and  by  which  the  loans 
were  made  or  the  debt  funded.  The  legislat'on  on  the  subject 
has  sometimes  been  very  loose ;  entensive  executive  powers 
were  habitually  confided  to  Committees,  and  the  executive 
officers  were  entrusted  with  small  executive  powers.  The 
Committees,  previous  to  the  amended  Charter,  performed  or 
directed  most  of  the  public  business;  and  acting  under  in- 
definite resolutions,  and  in  good  faith,  at  times  seemed  to  as- 
sume, that  they  possessed  all  power ;  and  their  exercise  of 
powers  was,  almost  as  a  matter  of  course,  sanctioned  by  the 
Common  Council.  So  much  of  this  power  was  habitually 
exercised  by  Committees,  that  officers  screened  themselves, 
under  their  instructions,  and  the  Committees  feeling  little  re- 
sponsibility, exercised  their  discretion  with  freedom.  Loose- 
ness of  legislation  was  a  natural  consequence. 

The  several  Stocks  of  the  City  of  New  York,  now  outstand- 
ing and  unredeemed,  are  known  by  the  following  descriptions, 
that  is  to  say—"  The  New  York  City  Stock  of  1820,"—"  The 
New  York  City  Stock  of  1829,—"  The  Water  Stock  of  the 
City  of  New  York,"—'*  The  Fire  Loan  Stock  of  the  City  of 
New  York,"  and  "  The  Public  Building  Stock  of  the  City  of 
New  York."  The  Laws  of  the  State,  cited  in  the  notes  to 
this  chapter,  are  the  only  ones  which  affect  existing  Stocks  of 
the  City.  The  several  acts  of  the  Common  Council  relating 
to  "  The  New  York  City  Stocks"  of  1820  and  1829,  are  ar- 


63 


tanged  under  one  title ;  a  separate  title  is  devoted  to  each  of 
the  other  stocks.  The  Acts  of  the  Legislature  are  cited  in 
the  notes. 

Most  respectfully  submitted, 

WM.  SAMUEL  JOHNSON. 

New  York,  January  25th,  1838. 


CHAPTER  V. 


OF  THE  CITY  DEBT. 


TITLE  I. 


OF  "THE  NEW  YORK  CITV  STOCK." 

Note. — The  first  act  of  the  Legislature  relating  to  the  funded  debt  of  the 
City,  was  passed  8th  June,  1812,  (6  Weh.  436,)  at  tlie  instance  of 
the  Corporation.  Whether  it  was  necessary  for  the  Corporation  to 
receive  legislative  aid,  in  order  to  fund  its  debts  or  make  loans  upon 
its  own  certificates  of  stock,  or  whether  the  general  Charter  pow- 
ers of  the  City,  [Char,  of  1686,  \  7,  p.  13.  Char,  of  1730,  ]  14,  jp. 
55.  Kent's  Note,  G.  G.  G.  p.  178,  179,]  were  ample  to  that  effect 
need  no  longer  be  discussed.  By  the  amended  Charter  of  1830, 
§  19,  the  Charter  powers  of  the  City  in  using  its  credit,  if  unhmited, 
were  surrendered,  and  now  legislative  aid  must  be  obtained,  before 
the  Corporation  can  borrow  any  money  except  in  anticipation  of  the 
revenue  of  the  year. 

By  the  act  of  8th  June,  1812,  [6  Web.  436,]  the  Corporation  was 
authorized  to  create  a  pubHc  fund  or  stock  not  exceeding  900,000 
dollars,  to  be  denominated,  "  The  New  York  City  Stock."  And  it 
was  enacted,  that  subscription  books  should  be  opened  at  such  times 
and  places,  as  the  Common  Council  should  from  time  to  time  direct; 
the  subscribers  be  entitled  to  certificates  signed  by  the  Comptroller 
of  the  City  and  countersigned  by  such  person  as  the  Common 
Council  should  direct,  and  in  such  form  as  the  Common  Council 
should  prescribe,  purporting  in  substance  that  the  Corporation  owed 
9 


66 


the  subscriber  a  sum,  «fec.  not  less  than  $100,  bearing  an  interest 
not  exceeding'  seven  per  cent,  payable  quarterly  or  half  yearly,  and 
not  redeemable  until  fourteen  years  after  date  of  the  certificate  ; 
and  that  the  certificates  should  be  binding,  though  not  under  the 
seal  of  tlie  Corporation,  section  8. 

The  ( /omptroller  of  the  City  was  charged  with  the  care  of  this 
stock,  to  wit,  to  superintend  subscriptions,  &-c.  issue  certificates, 
keep  stock  boolis,  see  to  transfers,  pay  interest  and  obey  all  orders 
of  the  Common  Council  touching  the  same. 

The  interest  on  this  stock  was  made  payable  half  yearly,  on  1st 
May  and  November,  or  quarter  yearly,  on  1st  May,  August,  No- 
vember and  February, 

By  ^  9,  p.  4.S8,  the  faith  of  the  Corporation  was  pledged  for  the 
final  redemption  of  the  stock,  and  all  its  resources  were  pledged  for 
payment  of  the  interest ;  and  if  they  should  not  be  sufficient,  then 
the  faith  of  the  State  was  pledged  to  pass  acts  authorizing  the  Cor- 
poration to  raise  by  tax,  enough  money  to  supply  the  deficiency. 

Section  6,  required  that  the  persons  entrusted  by  the  Common 
Council  with  the  execution  of  this  law,  should,  before  entering  upon 
the  duties  imposed,  give  security  in  such  amount  as  the  Common 
Council  should  direct. 

Under  this  act  the  Common  Council  passed  the  following  resolu- 
tion. Min.  Com.  C.  vol  25,  p.  211,  for  prehminary  proceedings. 
See  lb.  p.  197. 

In  Common  Council^  June  29,  1812. 

Resolved^  That  the  Finance  Connmittee  and  Comptroller  be 
authorized  to  publish  such  part  of  the  act  of  the  Legislature, 
regulating  the  finances  of  the  City  of  New  York,  as  by  them 
shall  be  deemed  proper  ;  and  to  advertise  the  opening  of  books 
for  subscription  for  a  loan  of  six  hundred  thousand  dollars  of 
"  the  New  York  City  Stock,"  bearing  an  interest  of  six  per 
cent,  per  annum,  payable  quarter  yearly;  and  that  subscrip- 
tions be  received  at  the  Mechanics*  Bank,  from  the  —  day  of 
July  until  the  first  of  August  next,  unless  previously  to  the 
last  mentioned  day  the  whole  sum  shall  have  been  subscribed, 
for  any  sums  from  one  hundred  dollars  to  the  whole  amount 
offered  for  subscriptions  ;  but  that  certificates  be  not  issued  for 
a  less  sum  than  one  hundred  dollars,  and  not  for  any  fractions  ; 


67 


therefore,  the  subscriptions  must  be  made  for  hundreds  or 
thousands. 

Note. — By  resolution  of  July  13,  1812,  the  Finance  Committee  and  the 
Comptroller  were  authorized,  out  of  any  monies  to  be  raised  by  this 
loan,  to  pay  off  such  of  the  Corporation  bonds,  bearing  interest  at 
seven  per  cent,  as  they  should  judge  expedient. 

On  the  1st  of  August,  1812,  a  loan  of  8600,000,  at  six  per  cent, 
payable  quarterly,  was  taken  up  by  subscription. 

The  next  action  of  the  Common  Council  was  the  following  reso- 
lution*  (25  Min.  C.  C.  283,)  and  under  it,  and  the  subjoined  law, 
the  Clerk  countersigned  the  stock  certificates  until  the  passage  of 
the  resolution  of  the  7th  of  August,  1835,  (3,  Pro.  C.  C.  54.)  con- 
fiding that  power  to  the  Mayor. 

In  Common  Council,  August  3,  1812. 
Resolved,  That  until  the  further  orders  of  this  Board,  the 
Clerk  of  the  Common  Council  countersign  the  certificates  of 
the  City  Stock  issued  by  this  Corporation. 

Note, — On  the  28th  September,  1812,  the  following  ordinance,  prescribing 

the  form  of  certificates,  &c.  was  passed.    {See  MSS.  ordinances  in 

time  of  Clinton^  Mayor,  began  9th  March,  1812,  p.  258.)    This  is  the 

only  ordinance  of  the  Common  Council  affecting  the  form  of  the 

stock  certificates ;  but  the  form  as  in  use,  is  referred  to  in  several 

subsequent  acts  of  the  Common  Council. 
# 


A  LAW 

Prescribing  the  form  of  certificates  for  '*  The  New  York  City 
Stock,"  and  for  other  purposes. 

Passed  September  28,  1812. 

Be  it  ordained  by  the  Mayor,  Aldermen  and  Commonalty  of 
the  City  of  New  York,  in  Common  Council  convened: 


That  the  certificates  for  "The  New  York  City  Stock," 


68 

which  shall  be  issued  under  and  by  virtue  of  the  act  of  the 
Legislature  of  the  Slate  of  New  York,  entitled  "  An  Act  to 
regulate  the  finance  of  the  City  of  New  York,"  passed  June 
8th,  1812,  shall  be  signed  by  the  Comptroller  and  counter- 
signed by  the  Clerk  of  the  Common  Council,  and  shall  be  in 
the  form  following,  that  is  to  say: 

Be  it  known  that  there  is  due  from  the  Mayor,  Aldermen 

and  Commonalty  of  the  City  of  New  Yoi'k,  unto  or 

 assigns,  the  sum  of  dollars,  New  York 

City  Stock,  bearing  interest  at  — per  cent,  per  annum,  from  the 

—  day  of  ,  incluHve,  payable  quarter  yearly,  and  the 

principal  sum  payable  on  or  after  the  .    This  Stock 

is  created  by  virtue  of  an  act  of  the  Legislature  of  the  State 
of  New  York,  entitled  "  An  Act  to  regulate  the  Finances  of 
the  City  of  New  York,"  passed  the  Sth  day  of  June,  1812; 
and  by  a  resolution  of  the  Corporation,  passed  the —  day  of 
 1812  ;  which  debt  is  recorded  in  the  Comptroller's  of- 
fice, and  transferrable  only  by  appearance  in  ptrson,  or  by 
Attorney,  at  said  office,  according  to  the  rules  and  forms  insti- 
tuted for  that  purpose." 

And  be  it  further  o? dained,  That  the  Comptroller  o^  this 
City  shall,  on  or  before  the  fifteenth  day  of  October,  become 
bound,  with  two  sureties,  to  the  Mayor,  Aldermen  and  Com- 
monalty, in  the  penal  sum  of  five  thousand  dollars,  conditioned 
for  the  faithful  performance  of  the  duties  of  his  office  gene- 
rally, and  more  especially  for  the  faithful  execution  of  the  du- 
ties entrusted  to  him  under  and  by  virtue  of  the  said  act  enti- 
tled "  An  act  to  regulate  the  finances  of  the  City  of  New 
York,"  and  under,  and  by  virtue  of  such  ordinances  and  reso- 
lutions of  the  Common  Council  as  shall  then  have  been,  or 
shall  thereafter  be  ordained  or  made,  pursuant  to,  or  by  virtue 
of,  the  authority  given  to  the  said  Common  Council  by  the 
said  act. 

iVo<e.— This  ordinance  seems  to  be  the  first  which  required  of  the  Comp- 
troller to  give  security  for  the  faithful  performance  of  any  of  the 


69 


duties  of  his  office^  and  to  be  the  only  ordinance  requiring  such  se- 
curity, until  the  ordinance  of  16th  July,  1831.    1  Pro.  C.  C.  14. 

Ill  Common  Council,  November  30,  1812. 
Resolved,  That  the  Comptroller  be  authorized,  under  the 
direction  of  the  Finance  Committee,  to  open  the  books  for  sub- 
scription to  the  New  York  City  Stock,  for  the  sum  of  one 
hundred  thousand  dollars,  at  an  interest  not  exceeding  six  per 
cent,  per  annum,  payable  quarter  yearly. 

Min,  C,  C.  V.  26,  p.  110. 

Note. — Under  date  of  December  1, 1812,  as  appears  by  a  book  in  the  Comp- 
troller's ofRce,  a  loan  of  8100,000,  at  six  per  cent,  was  taken  by 
subscription,  "on  the  terms  announced  by  the  Committee  on  Fi- 
nance."   What  those  terms  were  do  not  appear. 

By  the  act  of  9th  April,  1813,  \  190,  (2  N.  R.  L.  422,)  theCor- 
poration  were  authorized  to  fund  all  debts  and  expenses  incurred  by 
them  on  account  of  opening  any  street,  &c.  laid  out  by  the  Com- 
missioners under  the  act  of  April  3,  1807,  (5  Web.  125.)  The 
same  power  is  contained  in  act  of  8th  June,  1812,  (Preamble  6, 
Web.  436.)    This  power  seems  not  to  have  been  used. 

On  the  30th  June,  1817,  the  following  resolution  was  passed. 
See  Min.  C.  C.  vol.  33,  p.  164. 

0  In  Common  Council,  June  SO,  18 17. 

Alderman  Smith  presented  a  resolution  directing  a  further 
issue  of  City  Stock,  under  the  direction  of  the  Finance  Com- 
mittee, which  resolution  was  in  the  following  words,  and  was 
agreed  to.  Resolved,  That  the  Comptroller  be,  and  he  is 
hereby  authorized,  under  the  direction  of  the  Finance  Com- 
mittee, to  dispose  of  one  hundred  thousand  dollars  of  City 
Stock,  to  be  issued  for  that  purpose,  at  a  rate  not  less  than  par, 
from  the  proceeds  of  which  shall  be  paid  a  Corporation  bond 
of  ninety  thousand  dollars,  due  the  Mechanics'  Bank,  with  the 
interest  thereon,  and  the  residue  placed  in  the  Treasury. 

Note. — Under  this  resolution  '$100,000  were  disposed  of  at  private  sale  by 


70 


brokei^,  at  rates  from  100|  to  101,  at  interest  of  six  per  cent.  The 

period  at  which  the  stock  was  redeemable  does  not  appear. 

On  the  15th  September,  1819,  a  loan  of  8100,000,  at  —  per  cent, 
was  taken  up.  This,  with  the  three  loans  before  stated,  make  up 
the  $900,000,  authorized  by  the  act  of  the  8th  June,  1812. 

There  is  no  legible  record  on  the  Mmutes  of  the  Common  Coun- 
cil, authorizing  this  loan  of  the  15th  September,  1819.  The  follow- 
ing memoranda  are  the  only  evidences  to  be  found,  indicating  that 
the  Common  Council  acted  on  the  subject,  to  wit. 

The  index  to  vol.  38,  Min.  Com.  Coun.  has  the  following  refe- 
rence :  "  City  Stock,  resolution  to  sell  $100,000,  at  a  rate  not  un- 
der par,  478."  At  page  478,  is  the  entry,  under  dale  of  September 
6,  1819,  of  "  The  doors  closed,"  and  a  blank  is  left,  as  for  the  en- 
try of  some  proceedings. 

The  Clerk's  rough  minutes  of  6th  September,  1819,  contains  the 
entry,  " The  gallery  was  cleared  and  the  doors  closed.  Resolved, 
&c."  (the  residue  is  in  short  hand.)  "  Resolved,  &c."  (the  residue 
is  in  short  hand.) 

Amongst  the  resolutions  on  file  in  the  Comptroller's  office,  is  a 
memorandum  in  the  following  words,  in  the  late  Garret  N.  Bleeck- 
er's  hand  writing : 

Resolution  passed  September  6th,  1819,  authorizing  the  Finance 
Committee  to  borrow  a  sum  not  exceeding  $60,000. 

At  the  same  time  they  were  empowered  to  fund  $100,000,  City 
Stock,  at  not  less  than  par." 

All  of  the  above  mentioned  stocks  have  been  redeemed.  They 
were  redeemable  in  1826.    Min.  C.  C.  vol  41,  p.  143. 


Note. — By  Act  of  24th  March,  1820,  {Laws,  p.  85,)  the  Corporation  were 
authorized  to  create  a  public  fund  or  stock,  notexceedmg  $400,000, 
in  addition  to  that  authorized  by  the  Act  of  June  8,  1812,  to  be  de- 
nominated "the  New  York  City  Stock,"  bearing  interest  not  ex- 
ceeding six  per  cent,  payable  quarterly.  The  Act  of  1812  is  made 
apphcable  to  this  stock,  as  if  it  was  inoorporated  in  this  Act ;  but  all 
liens  of  the  holders  of  the  old  stock,  on  the  revenues  of  the  Corpo- 
ration, are  expressly  saved.  This  Act  was  passed  at  the  instance 
of  the  Common  Council,  as  see  Min.  C.  C.  1820,  January  10th,  17lh 
Under  this  Statute  the  Common  Council  passed  the  following  re- 
solution.   See  Min,  C  C,  vol  41,  p.  146. 


71 


In  Common  CoiniciL  June  26,  1820. 

Resolved,  That  the  Comptroller  be  authorized  to  give  pub- 
He  notice,  in  the  papers  employed  by  the  Corpora', ion,  that 
books  will  be  opened  and  kept,  during  business  hours,  at  the  Me- 
chanics' Bank  in  this  city,  from  the  lOth  to  the  20th  day  of  July 
next,  for  the  purpose  of  receiving  subscriptions  for  a  loan 
to  the  Corporation  of  this  city,  ol'  any  sum  not  less  than  one 
hundred  dollars,  and  not  exceeding  two  hundred  thousand 
dollars. 

That  on  the  closing  of  such  books,  should  the  sum  suscribed 
exceed  in  amount  two  hundred  thousand  dollars,  the  surplus 
will  be  deducted,  pro  rata,  from  the  amounts  subscribed  re- 
spectively ;  that  on  the  20th  day  of  July,  the  subscribers  to 
the  loan  shall  pay  to  the  City  Treasurer,  at  the  Mechanics' 
Bank  aforesaid,  five  per  cent  on  the  amount  of  stock  to  which 
they  shall  be  entitled  by  their  subscription,  and  that  on  the 
31st  day  of  July  thereafter,  the  remainder  of  the  sum  sub- 
scribed shall  be  paid  as  aforesaid,  when  certificates  of  stock 
will  be  issued,  bearing  an  interest  of  five  per  cent,  payable 
quarter  yearly,  from  and  after  the  1st  day  of  x\ugust,  1820, 
and  not  redeemable  till  the  1st  day  of  August,  1850.  That 
in  the  event  of  a  failure  of  the  subscribers  to  pay  the  last  in- 
stalment, on  the  day  designated,  the  previous  sums  paid  will 
be  forfeited^  to  the  use  of  the  Corporation  of  this  city. 

Resolved,  That  the  Comptroller  be  authorized,  under  the 
instruction  of  the  Finance  Committee,  to  apply  the  proceeds 
of  the  proposed  loan  to  the  payment  of  such  of  the  outstand- 
ing bonds  of  this  Corporation,  as  in  their  opinion  will  be  most 
for  the  public  interest. 

Note,-^On  1st  August,  1820,  a  loan  of  8200,000,  at  five  per  cent,  payable 
quarterly,  was  taken  by  subscription,  redeemable  after  the  1st  Au- 
gust, 1850. 

The  following  resolutions  are  extracted  fi-om  those  passed  in  re- 
ference to  the  building  'of  the  Fulton  Market  See  Min.  C.  C. 
vol  42,  p.  281. 


72 


In  Common  Council j  March  12,  1821. 

1.  Resolved,  That  a  public  market  shall  be  erected  upon  the 
ground  belonging  to  the  Corporation,  between  Fulton  street 
and  Crane  Whart. 

2.  Ri^solved,  That  fifteen  thousand  dollars  be  raised  annu- 
ally for  ten  years  by  tax,  which  together  with  the  income 
from  the  said  market,  shall  be  appropriated  to  the  sinking  fund 
for  the  extinguishment  of  the  debt  created  by  the  purchase  of 
the  said  ground,  and  the  erection  of  suitable  buildings  for  a  mar- 
ket on  the  same. 

*****  * 

5.  Resolved,  That  the  two  hundred  thousand  dollars  autho- 
rized to  be  funded  by  the  act  of  one  thousand  eight  hundred 
and  twenty,  be  funded  in  such  sums,  and  at  such  times,  as  the 
means  may  be  required  to  defray  the  aforesaid  expense  ;  and 
that  the  amount  thus  funded  shall  bear  an  interest  of  not  more 
than  five  per  cent,  per  annum,  and  be  redeemable  at  the  plea- 
sure of  the  Corporation  afier  years. 

0.  Resolved,  That  the  Counsel  be  instructed  to  prepare  a 
memorial,  to  be  presented  to  the  Legislature  at  their  next  ses- 
sion, praying  for  an  act  authorizing  the  aforesaid  :  and  mat 
the  Clerk  be  instructed  to  give  the  necessary  notice  of  the 
intention  of  the  Corporation  to  apply  for  such  authority. 

7.  Resolved,  That  so  much  of  the  foregoing  resolutions  as 
relates  to  the  City  Stock,  be  referred  to  the  Comptroller  and 
Finance  Committee,  with  authority  to  adopt  the  necessary 
measures  for  carrying  the  same  into  effect. 

*  ***** 

iVb^e.— In  May  and  August,  1821,  a  loan  of  8200,000  at  5  per  cent,  payable 
quarterly,  redeemable  at  the  pleasure  of  the  Corporation  after  the 
1st  May,  1831»  was  taken  up  by  sealed  proposals. 

This  stock  was  paid  off  in  1831,  under  resolution  of  the  4tb  April 
of  that  year. 


Note. — By  Act  of  26th  Marcli,  1826,  {Laws  76)  the  Corporation  was  further 
autiiorized,  as  they  miglit  lincl  it  expedient,  to  create  a  public  fund 
or  stock,  not  exceeding  in  the  whole  8700,000,  in  addition  to  the 
sum  authorized  by  the  acts  of  1812  and  1820,  to  bear  interest  not 
exceeding  five  per  cent  payable  quarterly.  The  act  of  1812  is  made 
applicable,  as  if  incorporated  in  this  act,  and  the  liens  of  prior  stock- 
holders are  saved.  By  ']  2  the  Corporation  are  directed  to  apply 
the  monies  to  be  raised  under  this  Act  to  reimbursements  of  the 
loans  under  the  act  of  1812,  and  to  no  other  purpose  whatever. 

By  resolution  of  19th  June,  1826,  the  Common  Council  directed 
as  follows.    Mill.  C.  C.  vol.  58,  p.  69. 

In  Common  Council,  June  19,  1S2G- 

Resolved,  That  the  Finance  Comnnittee  bo  authorized  to 
effect  a  loan  on  such  terms  and  to  such  an  amount  not  exceed- 
ing $500,000,  as  they  may  deem  proper,  for  the  purpose  of 
redeeming  such  part  of  the  City  Stock  bearing  an  interest  of 
six  per  cent,  as  is  now  unredeemed,  agreeably  to  the  provi- 
sions of  "  An  Act  of  the  Legislature  authorizing  the  Corpora- 
tion of  the  City  of  New  York  to  create  a  Public  Stock,"  passed 
28lh  March.  182G. 

Note. — A  loan  according  to  tliis  resolution  appears  to  have  been  advertised 
for  but  not  effected. 


> 

By  Act  of  19th  April,  1228,  5  3  and  4,  (Laws  372)  the  Corpora- 
tion were  authorized  to  create  a  stock  not  exceeding  $200,000,  in 
the  Hke  manner  and  on  the  like  terms,  as  are  contained  in  the  act 
of  March,  28,  1826,  except  &c.  The  proceeds  to  be  applied  to  pay 
the  State  for  the  purchase  of  the  State  Prison ;  to  pay  for  market 
places,  and  for  buildings,  and  alterations  made  necessary  by  the 
discontinuance  of  the  Old  Bridevrell  in  the  Park.  But  notwith- 
standing the  act  of  1826,  the  Corporation  were  authorized  to  take 
«p  the  loan  by  sealed  proposals,  instead  of  subscriptions,  to  be  re- 
ceived by  such  persons,  at  such  times  and  places  as  the  Corporation 
should  prescribe. 

This  is  the  first  statute  wliich  authorized  the  Corporation  to  take 
up  these  loans  otherwise  than  by  subscription;  but  the  loans  of 
1817,  1819  and  1821  were  taken  by  proposals. 
10 


74 


The  only  action  of  the  Common  Council  under  this  last  statute 
seems  to  be  following.  And  it  will  be  observed  that  the  amount  of 
the  loan  the  Committee  had  agreed  for,  does  not  appear  in  the  pro- 
ceedings.   Min.  C.  C.  vol  68,  p.  61. 

Ill  Common  Council,  December  1,  1828. 

The  Finance  Committee  presented  the  following  report  on 
the  subject  of  the  G  per  cent.  Stock,  &c. : 

The  Finance  Committee  respectfully  report  that  416,900 
dollars  of  the  6  per  cent.  Stock  is  redeemable  ;  and  that  your 
Committee  have  directed  the  Comptroller  to  advertise  for  a 
loan  of  5  per  cent.  Stock,  redeemable  after  1st  January,  1850, 
in  order  to  substitute  the  same  for  the  said  stock  so  payable. 

The  best  offer  is  made  by  John  Jacob  Astor,  and  Prime, 
Ward,  King  &  Co.  viz. — 4^  per  cent,  advance,  which  your 
Committee  recommend  to  be  accepted,  and  they  therefore  re- 
spectfully offer  the  following  resolution  : 

Resolved,  That  the  Comptroller  issue  the  stock  certificates 
in  the  usual  manner,  to  the  said  Astor  and  King  Co.  and 
that  the  Finance  Committee  instruct  the  Comptroller  and  City 
Treasurer,  as  to  the  six  per  cent,  stock  to  be  paid  off,  in  such 
manner  as  to  pay  off  the  six  percent,  stock,  at  the  same  time, 
when  the  monies  for  the  five  per  cent,  stock  shall  be  received. 

All  which  is  respectfully  submitted. 

W.  SEAMAN, 
WM.  W.  MOTT, 
W.  H.  IRELAND. 

Which  was  approved  and  the  resolutions  adopted. 

Note, — The  reviser  is  unable  to  find  any  resolution  or  act  of  the  Common 
Council,  empowering  the  Finance  Committee  to  advertise  for  the 
loan  last  mentioned.  The  resolution  above,  seems  to  contain  the 
only  action  of  the  Common  Council  on  the  subject. 

The  loan  taken  under  the  last  resolution,  or  which  was  sanctioned 
by  it,  was  for  $300,000  at  five  per  cent,  redeemable  at  the  pleasure  of 


75 


the  Common  Council,  after  the  1st  January,  1850.  It  is  still  un- 
redeemed. 

In  Common  Council, 
Resolved^  That  all  certificates  which  may  hereafter  be  is- 
sued lor  any  or  either  of  the  stocks  of  this  city,  shall  be  signed 
by  the  Connptroller,  and  countersigned  by  the  Mayor;  and  the 
Connptroller  is  hereby  directed  to  cause  the  fornti  of  the  certi- 
ficates to  be  so  prepared,  as  to  designate  the  ofl[icers  who  are 
to  sign  and  countersign  the  same  severally. 

Adopted  by  the  Board  of  Assistants  and  Board  of  Alder- 
men, August  5,  1835. 

Approved  by  the  Mayor,  August  11,  1835. 

Vol  3  Pro.  C.  C,  54. 


9 


TITLE  II. 


OF  "THE  WATER  STOCK  OF  THE  CITY  OF  NEW  YORK." 

JVoie.— BytheActof  the2d3Iay,1834,  ^^8,9,10,11,  (Law.-s,  452, 453,)  the 
Common  Council  were  authorized,  in  case  a  majority  of  ti  e  elec- 
tors should  pronounce  in  favor  of  the  project  for  supplying  the  city 
with  pure  water,  to  raise,  by  loan,  from  time  to  time,  and  in  such 
amounts  as  they  might  think  fit,  a  sum  not  exceeding  82,500,000, 
by  the  creation  of  a  public  fund  or  stock,  to  be  called  "The  Water 
Stock  of  the  City  of  New  York,"  to  bear  interest  not  exceeding 
five  per  cent,  and  be  redeemable  in  not  less  tlian  ten  nor  more  than 
fifty  years  after  the  passage  of  the  Act ;  to  determine  the  nominal 
value  of  the  shares  ;  the  num.ber  thereof ;  to  sell  them  at  public  or 
private  sale,  or  raise  the  money  by  subscription. 

The  Act  of  June  8,  1812,  so  far  as  it  is  not  repugnant  to  this  Act, 
is  applied  to  this  stock;  and  the  money  to  be  raised  is  directed  to 
be  appHed,  under  the  direction  of  the  Water  Commissioners,  for  the 
purpose  of  supplying  the  city  with  pure  and  wholesome  water,  ac- 
cording to  the  plan  adopted  and  ratified. 

Under  this  law  the  Common  Council,  in  May,  1835,  passed  the 
following  ordinance,  directing  the  Comptroller  to  take  the  loan.  (2 
P.  C.  C.  401,  407.) 

For  the  particulars  of  the  loan  of  ^1,000,000,  part  of  the  above, 
as  taken  up  and  invested,  see  Comptroller's  Report,  3  Pro.  C.  C.  155. 


AN  ORDINANCE 

To  instruct  the  Water  Commissioners  to  proceed  in  the 
■work  of  supplying  the  City  of  New  York  with  water,  and  to 
create  a  pubhc  fund  or  stock,  to  be  called  "  the  Water  Stock 
of  the  City  of  New  York,"  for  the  expenses  of  said  work. 


77 


Thy  Mayor,  Aldermen  and  Commonally  of  the  City  of  New 
York,  in  Common  Conned  convened,  do  ordain  as  follows : 

§  1.  The  Water  Commissioners  of  the  City  of  New  York, 
are  hereby  instructed  to  proceed  with  the  work  of  supplying 
the  City  of  New  York  with  a  suffitticnt  quantity  of  pure  and 
wholesome  water,  for  the  use  of  its  inhabitants,  accordiuic^  to 
the  plan  adopted  by  them  in  pursuance  of  the  Act  of  the  Le- 
gislature entitled  "  An  Act  to  provide  for  supplying  the  City 
of  New  York  with  pure  and  wholesome  water,  '  passed  May 
2,  1834. 

^  2.  A  public  stock  or  fund,  to  be  called  "  the  Water  Stock 
of  the  City  of  New  York,"  shall  be  created,  for  a  loan  of  two 
million  five  hundred  thousand  dollars,  which  shall  bear  an  in- 
terest of  not  exceeding  five  per  cent,  per  annum,  payable 
quarterly,  and  shall  be  redeemable  on  or  after  the  first  day  of 
January,  which  will  be  in  the  year  one  thousand  eight  hun- 
dred and  sixty. 

§  3.  The  notninal  amount  or  value  of  each  share  of  the  said 
stock,  shall  be  one  hundred  dollars,  and  the  same  shall  consist 
of  twenty  five  thousand  shares. 

§  4.  The  said  loan  shall  be  receivable  in  the  following  pro- 
portions, and^at  the  following  periods  respectively,  that  is  to 
say  ;  one  million  of  dollars  thereof  shall  be  taken  up  previous 
to  the  10th  day  of  September,  1S35,  in  sums  of  tv/o  hundred 
and  fifty  thousand  dollars,  payable  on  the  10th  days  of  June, 
July,  August  and  September  next  respectively;  and  the  re- 
maining one  million  five  hundred  thousand  dollars  thereof,  in 
sums  of  five  hundred  thousand  dollars,  payable  half  yearly,  af- 
ter the  first  day  of  January,  1836. 

§  5.  The  Comptroller  is  hereby  authorized  and  directed  to 
advertise  for  proposals,  to  be  received  at  any  time  previous  to 
the  25th  day  of  May  instant,  and  not  to  be  opened  until  that 
day,  for  the  loan  of  one  million  of  dollars,  (a  part  of  the  said 
loan  of  two  millions  five  hundred  thousand  dollars,)  payable 


78 


in  montyy  instalments  of  twenty-five  per  cent,  on  the  10th 
days  of  June,  July,  August  and  September  next  respectively  j 
and  such  proposals  may  be  made  for  any  portion  of  the  said  one 
million  of  dollars,  not  less  than  the  par  value  of  one  share  of 
the  said  stock. 

§  6.  The  said  Comptroller  shall  determine,  on  or  after  the 
25th  day  of  May  instant,  which  and  what  proportion  of  the 
said  proposals  shall  be  accepted ;  and  shall  issue  certificates 
for  the  number  of  shares  necessary  to  make  up  the  said  sum 
of  one  million  of  dollars,  to  that  or  those  person  or  persons  or 
companies  whose  proposals  shall  have  been  accepted;  and 
such  certificates  shall  be,  nearly  as  may  be,  in  the  same  form 
as  the  certificates  issued  for  "The  New  York(yity  Stock,"  by 
virtue  of  the  Act  entitled  "  An  Act  to  regulate  the  finances  of 
the  City  of  New  York,"  passed  June  8,  1812. 

§  7.  The  said  Comptroller  shall  receive,  from  time  to  time, 
as  the  same  becomes  payable  as  aforesaid,  the  said  instalments 
of  the  said  loan  of  one  million  of  dollars,  and  shall  keep  a  se- 
parate and  distinct  account  of  the  same,  and  of  all  sums  paid 
on  account  thereof. 

§  8.  The  said  monies,  so  to  be  received,  shall  be  paid  by  the 
said  Comptroller  to,  or  on  the  order  of,  the  said  Water  Com- 
missioners, for  the  expense  of  the  said  work  of  supplying  the 
City  of  New  York  with  pure  and  wholesome  water,  accord- 
ing to  the  plan  adopted  by  them  for  that  purpose,  as  aforesaid. 

§  9.  The  provisions  of  the  ordinance  entitled,  "  A  Law  pro- 
viding for  the  redemption  of  the  City  Stock,"  so  far  as  the 
same  can  be  applied  to  the  "  Water  Stock  of  the  City  of  New 
York,"  shall  be  applicable  to  the  same;  and  all  revenue  to  be 
received  for  water  to  be  procured  by  the  said  work,  and  fur- 
nished to  the  inhabitants  of  the  City  of  New  York,  shall  be 
specially  appropriated  as  a  Sinking  Fund  towards  the  redemp- 
tion of  the  said  Water  Stock. 

Passed  by  the  Board  of  Aldermen,  May  6,  1835. 

Passed  by  the  Board  of  Assistant  Aldermen,  May  6,  1835. 

Approved  by  the  Mayor,  May  7,  1835. 


79 


Note. — The  same  as  ordinance.  2  Pro.  C.  C.  401.  It  is  worthy  of  notice, 
that  tliis  ordinance  places  on  tlie  Comptroller  all  the  executive  duties 
it  creates.    The  execution  of  it  is,  of  course,  on  liis  responsibility. 

Under  this  ordinance,  a  loan  of  $1,000,000,  at  five  per  cent,  re- 
deemable 1st  January,  1860,  was  taken  up  in  June  and  September, 
1835 ;  and  a  further  sum  of  $850,000  was  taken  up  on  the  same 
terms,  in  August  and  September,  1837,  under  the  authority  confer 
red  by  the  fourth  section. 


TITLE  111. 


OF 

"THE  FIRE  LOAN  STOCK  OF  THE  CITY  OF  NEW  YORK." 

Note.— By  the  act  of  January  16,  1836,  (Laws  4)  the  Corporation  were 
authorized  at  any  time  within  six  months  after  the  passage  of  this 
act,  to  purchase  to  an  amount  not  exceeding  $600,000,  the  bonds 
and  mortgages  of  Insurance  Companies,  whose  capitals  were  im- 
paired by  the  great  fire ;  and  in  order  to  provide  the  necessary 
funds,  to  issue  their  bonds  or  stock,  redeemable  at  such  times  not 
exceeding  seventeen  years,  as  the  Common  Council  should  direct, 
bearing  interest  not  exceeding  five  per  cent,  payable  half  yearly ;  and 
to  pledge  the  faith  and  property  of  the  city  for  the  payment  of  such 
bonds  or  the  redemption  of  such  stock.   ^  !•  3. 

The  Commissioners  of  the  Sinking  Fund  are  directed  to  apply 
the  proceeds  of  the  bonds  and  mortgages  to  redemption  of  the  said 
bonds  or  stock.  The  whole  of  the  principal  and  interest  of  the 
mortgages  is  appropriated  as  a  Sinking  Fund  therefor,  and  cannot 
under  any  pretence  be  diverted  from  such  purpose. 

By  act  of  6th  Feb.  1836,  (Laws  23)  the  Corporation  were  autho- 
rized to  issue  bonds  or  stock  to  8600,000  under  the  last  cited  act, 
and  to  loan  to  any  Safety  Fund  Bank  ui  the  city,  such  amount  of  such 
bonds  or  stock,  as  they  could  not  employ  in  purchasing  the  bonds  and 
mortgages,  not  exceeding  one  half  the  capital  of  the  bank. 

Under  these  Statutes  the  following  ordinances  were  passed  by 
the  Common  Council. 


A  LAW 

To  regulate  the  purchase  of  bonds  and  mortgages,  which 
belonged  on  the  eighteenth  day  of  December,  in  the  year  1835, 
to  any  of  the  Fire  Insurance  Companies  in  the  City  of  New 
York,  which  have  become  insolvent,  or  whose  capital  may 
have  been  impaired  by  losses  occasioned  by  the  fire  of  the 


81 


sixteenth  and  seventeenth  of  that  month,  and  to  provide  the 
funds  necessary  for  that  purpose. 

The  Mayor,  Aldermen  and  Commonalty  of  the  City  of  New 
York,  in  CoiJimon  Council  convened,  do  Ordain  as  follows : 

§  1.  A  public  stock  or  fund  to  be  called  The  Fire  Loan 
Stock  of  the  City  of  New  York,"  shall  be  created  for  a  loan 
of  four  millions  of  dollars,  which  shall  bear  an  interest  of  not 
exceeding  five  per  cent,  per  annum,  payable  half  yearly,  and 
shall  be  redeemable,  one-third  tiicieof  in  two  years,  one-third 
thereof  in  five  years,  and  the  remaining  third  thereof  in  seven 
years,  or  the  whole  amount  in  two  years,  five  years,  or  seven 
years,  under  the  direction  of  the  Mayor  and  the  Presidents  and 
Finance  Committees  of  both  Boards  of  the  Common  Council, 
reserving  the  right  to  increase  the  same  to  the  amount  pre- 
scribed by  the  act  of  the  Legislature,  if  the  same  shall  be 
found  necessary. 

§  2.  The  Comptroller  is  hereby  authorized  and  directed  to 
advertise  for  proposals  to  be  received  by  him  at  any  time  pre- 
vious to  the  ninth  day  of  March,  in  the  year  one  thousand 
eight  hundred  and  thirty-six,  and  not  to  be  opened  until  that 
day,  for  the  said  loan  of  four  millions  of  dollars,  receivable  at 
such  times  as  shall  be  fixed  by  the  said  Mayor,  Presidents  and 
Finance  Com'mittees,  and  stated  in  the  advertisement  for  such 
proposals;  and  such  proposals  may  bo  made  for  any  portion 
of  the  said  loan,  and  must  state  whether  the  amounts  and 
terms  thereby  ofTercd,  are  intended  for  a  loan  of  so  much  to 
be  secured  by  the  bond  or  bonds  of  the  jMayor,  Aldermen  and 
Commonalty  of  the  City  of  New  York,  or  stock  certificates 
to  be  issued  by  them. 

§  3.  The  said  Comptroller  shall,  without  delay,  after  the 
said  ninth  day  of  March,  in  the  year  1836,  submit  such  pro- 
posals as  may  havtj  been  received  by  him  for  the  said  loan  or 
portions  thereof,  to  the  said  I'Jayor,  Presidents  and  Finance 
Committees,  who  shall  be  a  Committee  to  determine  whether 
.any,  which,  and  what  portion  of  the  said  proposals  shall  be 

11 


82 


accepled  ;*^and  such  determination  shall  be  in  writing,  and 
signed  by  the  mernbors  of  such  Committee,  or  a  majority  of 
them. 

§  4.  After  such  determination  shall  have  been  made,  the 
Comptroller  shall  issue  certificates,  or  deliver  bonds,  according 
to  the  proposals  which  shall  have  been  so  accepted,  to  that  or 
those  person  or  persons,  or  bodies  corporate  who  shall  have 
made  the  same :  Provided  that  no  such  bond  or  certificate 
shall  bo  so  issued  or  delivered,  until  the  par  value  or  the  amount 
conditioned  to  be  paid  thereby  with  any  premium  to  be  given 
therefor,  shall  have  been  actually  deposited  in  the  Mechanics' 
Bank  of  the  City  of  New  York,  to  the  credit  of  the  Corpora- 
tion of  the  said  city,  for  account  of  the  Fire  Loan  of  the  City 
of  New  York. 

§  5.  All  certificates  to  be  issued  for  any  portion  of  the  said 
loan,  shall  be  made  in  conformity  with  the  resolution  of  the 
Common  Council,  passed  on  the  seventh  day  of  August,  1835, 
and  shall  be  signed  by  the  Comptroller,  and  countersigned  by 
the  Mayor  ;  and  all  bonds  which  may  be  delivered  for  any 
portion  of  such  loan,  shall  have  affixed  thereto  the  seal  of  the 
city,  with  the  signatures  of  the  Clerk  of  the  Common  Council 
and  of  the  Mayor,  and  shall  be  made  payable  to  the  order  of 
the  Comptroller,  and  endorsed  by  him. 

§  6.  The  faith  and  property  of  the  City  of  New  York,  and 
the  proceeds  of  all  bonds  and  mortgages  which  may  be  pur- 
chased in  pursuance  of  this  law,  are  hereby  pledged  for  the 
redemption  of  the  said  stock  or  loan. 

§  7.  The  Common  Council  shall  appoint  seven  Commission- 
ers to  perform  the  duties  prescribed  by  the  second  section  of 
the  act  of  the  Legislature,  entitled,  "  An  Act  to  authorize  the 
Mayor,  Aldermen  and  Commonalty  of  the  City  of  New  York, 
to  raise  monies  on  loan,  and  for  other  purposes,"  passed  Jani^^- 
ry  16th,  1836,  and  the  said  Commissioners  shall  hold  their 
oflices  until  the  16th  day  of  July,  in  the  year  1836,  unless 
sooner  removed  by  the  Common  Council. 

^  8.  All  applications  for  the  sale  to  the  Corporation  of  ihi^ 
City,  of  any  bond  and  mortgage  under  the  above  nnentioned 


8:j 

act  of  iho  Legislature,  shall  be  made  to  the  Comptroller,  and 
shall  be  accompanied  by  the  said  bond  and  mortgage,  together 
with  a  written  statement  or  abstract  of  the  title  of  the  mort- 
gaged premJses,  and  the  certificates  of  the  Register  and  of  the 
Clerks  of  the  several  Courts,  showing  that  such  premises  were 
free  and  discharged  from  all  prior  incumbrances,  at  the  time  of 
the  execution  of  such  mortgage;  and  no  such  bonds  or  mort- 
gages shall  be  purchased  except  directly  from  the  Fire  Insu- 
rance Companies  horetofore  mentioned. 

§  9.  It  shall  be  the  duly  of  the  Comptroller  on  the  receipt 
of  any  such  application,  to  furnish  to  the  Commissioners  a  de- 
scription of  the  mortgaged  premises;  and  on  receiving  from 
the  said  Commissioners,  their  certificate  of  the  value  of  such 
premises,  the  said  Comptroller  shall  furthwilh  submit  such  ap- 
plication, together  with  such  certificate  of  the  Commissioners 
to  a  Select  Committee,  to  consist  of  three  members  from  each 
Board  of  the  Common  Council,  and  to  be  appointed  for  that 
purpose,  and  such  Committee  shall  determine  whether  such 
bond  and  mortgage  shall  be  purchased  ;  and  no  such  purchase 
shall  be  made,  unless  a  majority  of  the  persons  composing  such 
Committee  shall  signify  their  approbation  thereof  in  writing, 
and  under  their  hands. 

§  10.  Every  such  bond  and  mortgngc,  together  with  the 
statement  or  abstract  and  certificates  respecting  the  title  of  the 
mortgaged  premises,  and  the  proposed  instrument  of  assign- 
ment or  sale  thereof  to  the  Corporation  of  this  City,  shall,  pre- 
vious to  the  purchase  thereof,  be  examined  by  the  Counsel  of 
the  Corporation  ;  and  no  such  bond  and  mortgage  shall  be  put- 
chased  until  the  said  Counsel  shall  have  certified  his  opinion 
that  the  form  and  execution  of  such  bond  and  mortgage  and  of 
such  instrument  of  assignment  are  suflicient,  and  that  the  title 
to  the  mortgaged  premises  is  good  and  unincumbered. 

§  1 1.  Every  assignment  of  a  bond  and  mortgage  to  be  made 
under  this  law,  shall  be  accompanied  with  an  admission  in 
writing  from  the  debtor  or  debtors  thereon,  of  notice  of  such 
assignment,  and  that  he,  she  or  they  have  no  set-off  against  the 
«»me ;  and  all  charges  and  expenses  attending  the  examina- 


84 


lion  of  the  titles  of  the  mortgaged  premises,  shall  be  borne  by 
the  Companies  from  whom  such  bonds  and  mortgages  may  be 
purchased. 

§  12.  It  shall  be  the  duty  of  the  Comptroller  to  pay  for 
every  such  bond  and  mortgage,  the  purchase  of  which  shall  be 
authorized  as  hereinbefore  mentioned,  to  such  person  or  officer 
as  may  be  duly  empowered  to  receive  the  same,  the  amount 
due  upon  such  bond  and  morigage  for  principal  and  for  in- 
terest accrued  since  the  last  time  specified  therein  for  the  pay- 
ment of  the  same  ;  and  such  payment  shall  be  made  out  of  the 
monies  to  be  obtained  by  loan,  on  the  bonds  or  stock  herein- 
before mentioned. 

§  13.  Any  of  the  said  Companies  may,  within  one  year  from 
the  date  hereof,  receive  back  the  bonds  and  mortgages  assign- 
ed by  them,  or  such  as  shall  remain  unpaid,  or  a  portion 
thereof,  with  the  consent  of  the  Commissioners  of  the  Sinking 
Fund,  on  payment  of  the  amount  of  the  principal  and  interest 
thereon  in  the  Fjre  Loan  Stock  of  the  City  of  New  York,  at 
the  same  rate  at  which  the  same  shall  be  issued  by  the  Cor- 
poration. 

§  14.  The  Mayor  and  Clerk  of  the  Common  Council  are 
hereby  authorized  to  execute  a  re-assignment  to  any  of  the 
said  Companies,  of  the  bonds  and  mortgages  now  held  by  them 
respectively,  and  which  may  be  sold  to  the  Mayor,  Aldermen 
and  Commonalty  of  the  City  of  New  York,  and  shall  remain 
unpaid,  or  a  portion  thereof,  on  receiving  from  the  Comptroller 
a  certificate  that  a  portion  of  the  Fire  Loan  Stock  of  the  City 
of  New  York  had  been  surrendered  to  the  said  Comptroller 
by  the  said  Companies  in  payment  therefor,  to  the  amount  of 
the  principal  and  interest  of  the  said  bonds  and  mortgages  as- 
signed by  them  respectively,  or  such  portion  as  may  be  so 
re-assigned,  deducting  the  premium  received  by  the  Common 
Council  on  the  said  slock. 

§  15.  It  shall  be  the  duty  of  the  Comptroller  to  keep  a  se- 
parate and  distinct  account  of  all  monies  to  be  received  for  the 
said  bonds  or  stock,  and  of  all  monies  to  be  paid  for  the  said 
bonds  and  mortgages  ;  also,  of  all  monies  to  be  received  in 


85 


payment  of  the  principal  and  interest  of  snch  bonds  and  mort. 
^ages,  Jind  all  of  monies  to  be  paid  for  the  redemption  of  the 
bonds  or  stock  to  be  issued  as  aforesaid.  And  the  said  Comp- 
troller shall  furnish  a  copy  of  such  account  once  in  every  three 
months  to  the  Common  Council. 

§  16.  It  shall  be  the  duty  of  the  Comptroller  to  collect  and 
receive  the  interest  accruing  on  the  said  bonds  and  mortgages, 
as  the  same  may  become  payable ;  and  tiie  principal  monies 
due  thereon  shall  be  paid  into  such  banks  as  the  Common 
Council  of  this  City  shall,  by  resolution,  direct,  to  the  credit 
of  the  Commissioners  of  the  Sinking  Fund,  and  on  account  of 
the  Fire  Loan  of  the  City  of  New  York ;  and  a  certificate  of 
such  payment  shall  be  given  by  the  Cashier  of  such  bank;  but 
no  payments  on  account  of  the  priii'  -ipal  due  on  any  such  bond 
shall  be  received  in  less  sums  than  five  hundred  dollars.  The 
Comptroller  shall  also  deposite  in  such  bank,  to  the  credit  of 
the  said  Commissioners  of  the  Sinking  Fund,  the  interest  so  to 
be  received  by  him,  and  also  any  balance  of  the  said  loan  that 
may  remain  not  appropriated  under  this  ordinance  after  the 
16lh  day  of  July,  in  the  year  1S3G. 

§  17.  On  the  payment  of  all  money  due  for  ])rincipal  and 
interest  upon  any  such  bond  and  mortgage  as  aforesaid,  it 
shall  be  the  duty  of  the  Comptroller,  on  receiving  a  cei'tificate 
from  the  casjiier  of  the  said  bank,  showing  such  payment  of 
principal,  to  deliver  up  the  said  bond  and  mortgage  to  the  parly 
making  such  payment,  together  with  sufficient  acknowledg- 
ment of  the  satisfaction  of  such  mortgage  ;  and  the  Mayor  and 
Clerk  of  the  Common  Council  are  hereby  authorized  to  sign, 
and  cause  the  seal  of  the  city  to  be  affixed,  to  every  such  ac- 
knowledgment of  satisfaction,  on  the  Certificate  of  the  Comp- 
troller that  such  principal  and  interest  have  been  paid.  But 
no  release  of  any  part  of  the  premises  contained  in  any  such 
mortgage  from  the  lien  created  by  such  mortgage  thereon, 
shall  be  made  or  executed,  or  authorized  by  the  Common 
Council. 

§  18.  The  purchase  of  bonds  and  mortgages  to  be  made  ud- 


86 


tier  this  lav^,  shall  bo  confined  to  bonds  secured  by  mortgager 
on  unincumbered  real  estate ;  and  whenever  any  building  on 
the  property  so  mortgaged  shall  be  estimated  by  the  Commis- 
sioners as  forming  a  part  of  the  value  of  the  mortgaged  pre- 
mises, the  Insurance  Company  from  whom  such  bond  and 
mortgage  may  be  purchused,  shall  deliver  to  the  Comptroller 
a  policy  of  insurance  for  not  less  than  one  year  effected  on  the 
said  building,  by  a  solvent  Fire  Insurance  Company  of  this 
city,  with  an  assignment  thereof  to  the  Mayor,  Aldermen  and 
Commonalty  of  the  City  of  New  York. 

§  19.  All  bonds  and  mortgages  which  may  be  purchased 
under  this  law,  shall  be  closed,  and  payment  thereof  required, 
within  seven  years  from  the  sixteenth  day  of  January,  in  the 
year  1836;  and  the  right  is  hereby  reserved  to  the  Corpora- 
lion  of  this  city  to  call  in  or  collect,  when  due,  any  of  the 
said  bonds  and  mortgages  at  any  time  previous  to  the  ex- 
piration of  such  period  ;  and  in  case  of  the  non-payment  of  any 
interest  upon  any  such  bond  and  mortgage  for  more  than  three 
months  after  the  same  may  be  due,  or  the  neglect  of  the  owner 
of  any  building  covered  by  any  such  mortgage  to  renew  any 
policy  of  insurance  thereon  which  may  have  been  assigned 
to  the  Corporation  of  this  city  as  aforesaid,  when  sucn  po- 
licy shall  have  expired,  it  shall  be  the  duty  of  the  Comp- 
troller to  deliver  the  said  bond  and  mortijaf^e  to  the  Counsel  6f 
the  Corporation  to  collect  the  amount  due  thereon  for  pnrt'ciii'il 
and  interest.  " 

§20.  The  provisions  of  the  ordinance  entitled  "A  Lif^ 
providing  for  the  redemption  of  the  City  Stock,"  so  Tafa^'^he 
same  can  be  applied  to  the  Fire  Loan  Stock  of  the  City  of 
New  York,  shall  be  applicable  to  the  same ;  and  the  Comp- 
troller shall  open  and  keep  a  separate  account,  to  be  called, 
*'  The  Sinking  Fund  Account  of  the  Fire  Loan  Stock  of  the 
City  of  New  York:"  and  the  Commissioners  of  the  Sinking 
Fund  of  the  said  city  shall  apply  the  proceeds  to  be  collected 
and  received  on  or  for  all  bonds  and  mortgages  which  may  be 
purchased  by  virtue  of  this  law,  to  the  payment  of  the  interest 


87 


to  accrue  upon  the  said  loan,  and  to  purchase  on  redemption 
of  the  said  bonds  or  slock  issued  theroior  ;  and  the  whole  of  the 
principal  and  interest  of  such  bonds  and  rnortgnfics,  after  the 
payment  of  all  necessary  expenses,  is  hereby  appropriated,  as 
the  same  shall  be  paid  into  the  City  Treasury,  to  the  said  Sink- 
ing Fund  for  such  purpose,  and  shall  not,  under  any  pretence 
whatever,  be  diverted  therefrom  for  any  otiier  purpose  or  use 
whatsoever. 

§21.  The  Comptroller  is  hereby  authorized  to  employ  an 
additional  clerk  in  his  office,  who  shall  be  paid  at  a  rate  not 
exceeding  one  thousand  dollars  per  annum,  by  the  Commis- 
sioners of  tlie  Sinking  Fund,  out  of  the  monies  to  be  received 
by  them  under  this  ordinance. 

Adopted  by  the  Board  of  Aldermen,  February  15,  1836. 
Adopted  by  the  Board  of  Assistants,  February  15,  1836. 
Approved  by  the  Mayor,  February  16,  1836. 


A  LAW 

To  amend  a  law  to  "  regulate  the  purchase  of  bonds  and  mort- 
gages, which  belonged  on  the  eighteenth  day  of  December, 
in  the  y§ar  1835,  to  any  of  the  Fire  Insurance  Companies 
in  the  City  of  New  York,  whose  capital  may  have  been 
impaired  by  losses  occasioned  by  the  tire  on  the  16th  and 
17th  of  that  month,  and  to  provide  the  funds  necessary  for 
that  purpose." 

Section  1.  The  Comptroller  may,  when  directed  so  to  do 
by  the  Select  Committee  appointed  under  the  ninth  section  of 
the  law  hereby  amended,  within  sixty  days  from  the  passage 
of  this  act,  to  accept  of  any  offers  for  any  portion  of  the  stock 
authorized  to  be  issued  by  the  said  law,  which  has  not  been 
subscribed  for,  nor  exceeding,  in  the  whole  amount,  one  and  a 
half  millions  of  dollars,  redeemable  at  a  period  not  longer  than 


8S 


five  years  (r^m  the  time  the  said  stock  shall  be  issued  ;  and 
he  may  issue  stock  or  bonds  theVefor,  in  the  manner  directed 
by  the  said  law  :  Provided,  that  no  such  ofler  siiall  be  ac- 
cepted for  any  portion  of  the  said  stock  below  the  par  value 
thereof. 

Sec.  2.  All  the  provisions  of  the  law  hereby  amended  shall 
be  applicable  to  the  stock  which  may  be  issued  in  pursuance 
of  the  foregoing  section,  in  the  same  manner  as  to  the  stock 
which  may  have  been  subscribed  for  under  the  said  law,  ex- 
cepting so  far  as  they  are  inconsistent  therewith. 

Passed  by  the  Board  of  Aldermen,  March  14,  1836. 

Passed  by  the  Board  of  Assistants,  March  14,  1836. 

Approved  by  the  Mayor,  March  15,  1836. 


A  LAW 

To  provide  for  loaning  the  surplus  of  the  Fire  Loan  Stock  of 
the  City  of  New  York  to  the  Safety  Fund  Banks  of  the 
said  city. 

The  Mayor,  Aldermen  and  Commonalty  of  the  City  of  New 
York,  in  Common  Council  convened,  do  ordain  as  foUoios: 

§  1.  The  Comptroller  may  issue  as  part  of  the  residue  of 
the  stock  authorized  to  be  issued  by  an  act  of  the  Legislature, 
entitled  "  An  act  to  authorize  the  Mayor,  Aldermen,  and  Com- 
monalty of  the  City  of  New  York,  to  raise  money  on  Loan, 
and  for  other  purposes,  to  the  amount  of  one  and  a  half  mil- 
lion of  dollars,  in  stock. 

§  2.  Such  stock  shall  be  issued  bearing  an  interest  of  five  per 
cent,  per  annum,  and  shall  be  redeemable,  one-third  in  two 
years,  one-third  in  three  years,  and  one-third  in  four  years, 
from  the  passage  of  this  law. 

§  3.  Such  stock  may  be  loaned  to  such  of  the  banks  in  this 


8§ 


city  as  are  under  the  Safety  Fund  Law,  to  an  annount  to 
be  determined  by  the  Joint  Committee  hereinafter  named, 
not  exceeding  to  any  one  bank  the  half  of  the  capital  of 
such  bank,  upon  the  conditions  hereinafter  mentioned. 

§  4.  Each  of  the  said  banks  may  borrow  such  portion  of  \he 
said  stock  as  may  be  determined  by  the  said  Committee,  on 
delivering  to  the  Comptroller  the  obligation  of  such  bank  in 
the  penal  sum  of  double  the  amount  loaned,  conditioned  for 
the  return  of  the  said  stock  to  the  Mayor,  Aldermen,  and 
Commonalty  of  the  City  of  New  York,  at  the  times  when  the 
same  shall  become  redeemable  ;  also,  for  the  payment  of  the 
interest  on  the  said  stock,  at  the  rate  of  five  and  a  half  per 
cent,  per  annum,  in  half  yearly  payments,  at  the  same  time 
that  the  interest  on  the  said  stock  shall  become  payable  ;  and 
also,  that  the  said  stock  shall  not  at  any  time  be  sold  to  any 
person  whatever;  that  the  said  stock  shall  not  be  used  by 
way  of  hypothecation,  or  otherwise,  in  llie  State  of  New 
York,  or  to  any  inhabitant  thereof;  and  that  the  said  bank 
will  save  harmless,  and  indemnify  the  said  Mayor,  Alder- 
men and  Commonalty  of  the  City  of  New  York  against  any 
claim  whatever,  for  or  on  account  of  the  said  stock  ;  and 
also  will,  when  required  so  to  do  by  the  Comptroller,  sub- 
scribe for  a  portion  of  the  residue  of  the  said  stock,  not  ex- 
ceeding one-third  of  the  amount  of  the  stock  to  be  loaned  to 
them  by  virtue  hereof,  as  is  directed  by  the  8th  section  of  this 
ordinance. 

§  5.  In  addition  to  the  obligations  of  ^he  said  banks,  there 
shall,  also,  be  required  the  bond  of  such  of  the  directors  of  each 
bank,  as  shall  be  deemed  sufficient  by  the  Joint  Committee 
hereafter  named,  conditioned  for  the  return  of  the  said  stock, 
and  payment  of  the  said  interest,  according  to  the  obligation 
of  each  bank,  and  for  the  punctual  performance  of  all  the 
covenants  and  conditions  of  each  bank  in  regard  to  the  same. 

§  6.  Any  of  the  said  banks  may  at  any  time  return  the  said 
stock  loaned  to  them  and  pay  up  the  interest  thereon,  and  on 
8ueh  surrender  of  al)  the  stock  loaned  to  them  and  payment  of 

13 


90 


such  interest,  the  Comptroller  may,  with  the  consent  of  the 

Mayor  and  President  of  both  Boards  of  the  Common  Council, 
or  a  majority  of  them,  deliver  up  the  obligation  and  bond  given 
by  such  bank  and  their  directors. 

§  7.  The  Comptroller  may  issue  for  the  balance  of  the  stock 
so  authorized  as  aforesaid,  to  the  amount  of  five  hundred  thou- 
sand dollars,  at  an  interest  of  five  per  cent,  per  annum,  re- 
deemable at  the  pleasure  of  the  Common  Council,  after  one 
year  from  the  passage  of  this  law,  when  directed  so  to  do  by 
the  said  Joint  Committee. 

§  8.  Each  of  the  said  banks,  before  receiving  the  said  stock 
so  to  be  loaned  as  aforesaid,  shall,  if  required  so  to  do  by  the 
Joint  Committee,  appointed  under  the  9th  section  of  the  ordi- 
nance of  the  Common  Council,  entitled  "A  Law  to  regulate 
the  purchase  of  bonds  and  mortgages,  which  belonged  on  the 
eighteenth  day  of  December,  in  the  year  1835,  to  any  of  the 
Fire  Insurance  Companies  in  the  City  of  New  York,  which 
have  become  insolvent,  or  whose  capital  may  have  been  im- 
paired by  losses  occasioned  by  the  fire  of  the  sixteenth  and 
seventeenth  of  that  month,  awd  to  provide  the  funds  necessary 
for  that  purpose,  "  passed  February  16th,  1836,"  subscribe  for 
a  portion  of  said  stock,  not  exceeding  one-third  of  the  amount 
loaned,  to  be  issued  as  is  directed  in  the  6th  section  of  this  law 
at  par,  not  exceeding  one-third  of  the  amount  which  may  be 
loaned  to  them  respectively. 

§  9.  On  receiving  a  certificate  of  deposit  of  the  amount  of 
the  par  value  of  the  ^ock  so  to  be  subscribed  for  by  any  of 
the  said  banks,  in  the  Mechanics'  Bank,  to  the  credit  of  the 
Mayor,  Aldermen  and  Commonalty  of  the  City  of  New  York, 
on  account  of  the  Fire  Loan  Stock  of  the  City  of  New  York, 
the  Comptroller  shall  deliver  to  the  President  of  the  bank 
making  such  deposit,  the  amount  of  stock  so  subscribed  and 
paid  for. 

§  10.  On  the  payment  of  the  said  money  in  the  mode  di- 
rected in  the  last  section,  and  the  delivery  to  the  Comptroller 
of  the  said  obligation  and  bond  hereinbefore  mentioned,  on  be- 


91 


half  of  any  of  the  said  banks,  approved  of  by  the  Counsel  of 
the  Corporation,  and  the  Joint  Committee  mentioned  in  the  7th 
section  of  this  law,  or  in  case  a  subscription  for  the  said  stock 
shall  not  be  required,  then  on  the  delivery  of  the  said  obligation 
and  bond  as  aforesaid,  it  shall  be  the  duty  of  the  Comptroller 
to  deliver  to  the  President  of  such  bank,  the  proportion  of  the 
stock  directed  to  be  issued  by  the  1st  section  of  this  law, 
which  may  have  been  determined  by  the  said  Committee  to  be 
loaned  to  such  bank,  and  which  shall  be  secured  by  the  said 
obligation  of  the  said  bank  and  bond  of  the  directors  thereof. 

§  11.  All  the  provisions  of  the  said  ordinance  of  the  Com- 
mon Council,  passed  February  16th,  1836,  and  mentioned  in 
the  7th  section  of  this  law,  relating  to  the  charge,  custody  and 
deposit  of  the  monies  to  be  received,  and  to  the  redemption  of 
the  stock,  and  also  to  the  Sinking  Fund,  are  hereby  made  ap- 
plicable to  the  stock  to  be  issued  under  this  law. 

Adopted  by  the  Board  of  Aldermen,  March  2,  1836. 

Adopted  by  the  Board  of  Assistants,  March  2,  1836. 

Approved  by  the  Mayor,  March  3,  1836. 

Note. — Between  August  and  December,  1836,  the  following  loans  at  five  per 

cent,  interest  were  effected. 
Loan  of  #143,987  09 — redeemable  at  the  pleasure  of  the  Corporation. 
«      385,500        redeemable  1841. 
95,000  «  1843. 

500,000  "  1851. 

81,054,487  09 

These  are  the  only  loans  effected  under  the  Ordinances  in  this  title. 
No  bonds  were  issued  under  them. 


TITLE  IV. 


OF  "  THE  PUBLIC  BUILDING  STOCK  OF  THE  CITY  OF 
NEW  YORK." 

Note.-^By  act  of  6th  May,  1836.  (Laws  338.)  The  Corporation  is  authorized 
to  raise  by  loan,  from  time  to  time,  and  in  such  amounts  as  they  may 
think  fit,  a  sum  not  exceeding  500,000  dollars,  by  creation  of  a  pub- 
lic fund  or  stock  to  be  called  "  The  Public  Building  Stock  of  the 
City  of  New  York,"  to  bear  interest  not  exceeding  five  percent,  and 
redeemable  in  not  less  than  ten  nor  more  than  twenty  years.  The 
provisions  of  the  act  of  8th  June,  1812,  are  made  applicable  to  this 
stock,  except  so  far  as  repugnant  thereto.  The  monies  raised  by 
the  loan  must  be  applied  to  erecting,  &c.  such  pubhc  buildings  and 
improvements  in  the  city  as  may  be  determined  upon  by  the  Com- 
mon Council.  The  Bellevue  lots  and  buildings,  and  water  rights, 
except  such  as  the  Corporation  may  reserve  for  public  purposes, 
are  pledged  for  the  repayment  of  the  loan. 

The  following  Ordinances  have  been  passed  by  the  Common 
Council  under  this  law. 


A  LAW 

To  create  a  public  fund  or  stock,  to  he  called  "  The  Public 
Building  Stock  of  the  City  of  New  Fork." 

The  Mayor,  Aldermen  and  Commonalty  of  the  City  of  New 
York,  in  Common  Council  convened,  do  ordain  as  follows: 

§  1.  A  public  fund  or  stock,  to  be  called  "  The  Public  Build- 
ing Stock  of  the  City  of  New  York,"  shall  be  created  for  a 
loan  of  two  hundred  and  fifty  thousand  dollars,  wliich  shall 
bear  an  interest  of  not  exceeding  five  per  cent,  per  annum, 


D3 


payable  half  yearly,  and  shall  be  redeemable  on  or  after  the 
6th  day  of  May,  which  will  be  in  the  year  ISf)**). 

§  2.  Tiie  nominal  amount,  or  value  of  each  share  of  the  said 
stock,  shall  be  one  hundred  dollars,  and  the  portion  of  said 
slock  hereby  directed  to  be  issued,  shall  consist  of  two  thou- 
sand five  hundred  shares.    {Laws,  1830,  §  2.) 

§  3.  The  Comptroller  is  hereby  authorized  and  directed  to 
advertise  for  proposals  to  be  received  at  any  time  previous  to 
the  5th  day  of  September  next,  and  not  to  be  opened  until  that 
day  for  the  loan  of  the  said  sum  of  two  hundred  and  fifty 
thousand  dollars,  payable  on  the  15th  day  of  September  next, 
and  such  proposals  may  be  made  lor  any  portion  of  the  said 
sum  not  less  than  the  par  value  of  one  share  of  the  said  stock. 

§  4.  The  Finance  Committees  of  both  Boards  of  the  Com- 
mon Council,  and  the  Comptroller,  shall  determine  on  or  after 
the  said  5th  day  of  September  next,  which  and  what  propor- 
tion of  the  said  proposals  shall  be  accepted,  and  the  said 
Comptroller  shall  issue  certificates  for  the  number  of  shares 
necessary  to  make  up  the  said  sum  of  two  hundred  and  fifty 
thousand  dollars,  to  the  person  or  persons,  company  or  compa- 
nies, whose  proposals  shall  have  been  accepted.  (Ibid.) 

§  5.  The  said  certificates  shall  be  made  in  conformity  with 
the  resolution  of  the  Common  Council,  passed  on  the  7th  day 
of  August,  jl 835,  and  shall  be  signed  by  the  Comptroller  and 
countersigned  by  the  Mayor. 

§  6.  The  said  Comptroller  shall  keep  a  separate  and  distinct 
account  of  all  monies  received  and  paid  on  account  of  said 
stock,  and  the  provisions  of  the  ordinance  entitled  "  A  Law 
providing  for  the  redemption  of  the  City  Stock,"  so  far  as  the 
same  can  be  applied  to  the  stock  hereby  created,  shall  be  ap- 
plicable to  the  same. 

Passed  the  Board  of  Assistants,  August  1,  1836. 
Passed  the  Board  of  Aldermen,  August  1,  1836. 
Approved  by  the  Mayor,  August  8,  1836. 


94 


A  LAW 

To  amend  a  law  entitled  "  A  Law  to  create  a  Public  Fund  or 
Stock,  to  be  called  the  Public  Building  Stock  of  the  City  of 
New  York:' 

The  Mayor,  Aldermen  and  Commonalty  of  the  City  of  New 
York,  in  Common  Council  convened,  do  ordain  as  follows: 

§  1.  The  Comptroller  is  hereby  authorized,  with  the  advice 
and  consent  of  the  Finance  Committees  of  the  Common  Coun- 
cil, to  receive  and  accept  such  proposals  as  may  be  offered  to 
him,  for  so  much  of  the  loan  of  two  hundred  and  fifty  thousand 
dollars  mentioned  in  the  law  hereby  amended,  as  may  not 
have  been  proposed  for  and  accepted,  previous  to  the  5th  day 
of  September  instant. 

Passed  by  the  Board  of  Aldermen,  Sept.  12,  1836. 
Passed  by  the  Board  of  Assistants,  Sept.  12,  1836. 
Approved  by  the  Mayor,  Sept.  14,  1836. 

A  LAW 

In  addition  to  the  law  entitled  "  A  Law  to  create  a  Public 
Fund  or  Stock,  to  be  called  the  Public  Building  Stock  of  the 
City  of  New  York" 

The  Mayor,  Aldermen  and  Commonalty  of  the  City  of  New 
York,  in  Common  Council  convened,  do  ordain  as  follows : 

§  1.  An  addition  to  the  public  fund  or  stock  called  "  The 
Public  Building  Stock  of  the  City  of  New  York,"  shall  be  cre- 
ated for  a  loan  of  two  hundred  and  fifty  thousand  dollars, 
which  shall  bear  an  interest  of  not  exceeding  5  per  cent,  per 


95 


annum,  payable  half  yearly,  and  shall  be  redeemable  on  or 
after  the  6th  day  of  May,  which  will  be  in  the  year  one  thou- 
sand eight  hundred  and  fifty-six. 

§  1.  The  said  stock  shall  consist  of  two  thousand  five  hun- 
dred shares,  and  the  nominal  value  of  each  share  of  the  said 
stock,  shall  be  one  hundred  dollars. 

§  3.  The  Comptroller  is  hereby  authorized  and  directed  to 
receive  proposals  for  said  loan  of  two  hundred  and  fifty  thou- 
sand dollars,  or  for  any  portion  of  said  sum,  not  less  than  par 
value  of  one  share  of  said  stock,  at  such  times  as  the  Finance 
Committees  of  the  Common  Council  shall  direct.  Said  pro- 
posals shall  be  made  for  cash  or  on  such  terms  as  shall  be  di- 
rected by  the  said  Committees ;  but  no  such  stock  shall  be 
issued  under  par. 

§  4.  The  Finance  Committees  of  both  Boards  of  the  Com- 
mon Council,  and  the  Comptroller,  shall  determine  which  and 
what  proportion  of  the  said  proposals  shall  be  accepted,  and 
the  said  Comptroller  shall  issue  the  certificate  necessary  to 
make  up  the  said  sum  of  two  hundred  and  fifiy  thousand  dol- 
lars, to  the  person  or  persons,  company  or  companies  whose 
proposals  shall  have  been  accepted. 

§  5.  The  said  certificates  shall  be  made  in  conformity  with 
the  resolution  of  the  Common  Council,  passed  on  the  7th  day 
of  August,  1^35,  and  shall  be  signed  by  the  Comptroller  and 
countersigned  by  the  Mayor. 

§  6.  The  said  Comptroller  shall  keep  a  separate  and  distinct 
account  of  all  monies  received  and  paid  on  account  of  the 
Public  Building  Stock,  and  the  provisions  of  the  ordinance  en- 
titled "  A  law  providing  for  the  redemption  of  the  City  Stock," 
so  far  as  the  same  can  be  applied  to  the  stock  hereby  created, 
shall  be  applicable  to  the  same. 

Adopted  by  the  Board  of  Aldermen,  June  12,  1837. 
Adopted  by  the  Board  of  Assistants,  June  19,  1837, 
Approved  by  the  Mayor,  June  20,  1837. 


96 


iTo.e.-Under  these  ordinances,  the  following  loans  were 
effected  at  five  per  cent,  interest,  to  wit 

$  25,000 

On  Sept.  15,  183G,        •        •        '  ^^s.OOO 
Feb.   21,  183G,        •        •        '        *     ^  ^ 

Redeemable  6th  May,  1856.  ^250,000 


The  following  loans  under  this  head' of  Building  Stocks, 
have  also  been  taken  at  five  per  cent,  to  wit 

$125,000 

June  21,  for  •  •  '  *  ^  24,200 
July  8,  .  •  •  •  '  100,000 
Sep.  6.     .        •       •       •       •        '   ^  

Redeemable  6th  May,  1856,  ^249,200 


TITLC  V. 


A  LAW  PROVIDING  FOR  THE  REDEMPTION  OF  THE  CITY 

STOCKS. 

Note. — On  9th  of  August,  1813,  the  Common  Council  passed  the  first 
ordinance  creating  the  Sinking  Fund,  {See  MSS.  Book  of  Ordi- 
nances of  9lh  March,  1812,  p.  293.)  This  ordinance  does  not  ap- 
pear in  any  printed  edition  of  the  Corporation  ordinances,  but  wi-h 
some  slight  exceptions,  is  the  same  with  those  appearing  in  the  re- 
visions of  1817,  p.  67  ;  of  1821,  p.  64  ;  of  1823,  p.  123  ;  of  1827,  p, 
131 ;  and  of  1834,  p.  219.  In  the  last  revision,  the  matter  received 
a  new  arrangement,  but  is  not  materially  altered  in  substance.  The 
variations  of  these  ordinances,  so  far  as  they  effect  the  interests  of 
stockholders  are  hereafter  noted. 

The  Mayjr^  Aldermen  and  Commonaltij  of  the  City  of  New 
York,  in  Common  Council  convened,  do  ordain  as  follows: 

ARTICLE  I. 

OF  TH|:  COMMISSIONERS  OF  THE  SINKING  FUND. 

§  1.  The  Mayor,  Recorder,  Comptroller,  aud  Treasurer  of 
the  said  ciiy,  and  the  Chairman  of  the  Finance  Committee  of 
the  Board  of  Aldermen,  and  the  Board  of  Assistant  Alder- 
men, for  the  time  being  respectively,  shall  constitute  and  be 
denominated  "  The  Commissioners  of  the  Sinking  Fund,  for 
the  redemption  of  the  New  York  City  Stock." 

Note. — The  officers  here  named,  with  the  exception  of  the  Chairman  of 
the  Finance  Committee  of  the  Board  of  Assistants,  were  appointed 
Commissioners  of  the  Sinking  Fund  by  the  Ord.  of  1813,  and  by 
every  subsequent  revision  down  to  1834.    The  Chairman  of  the  Fi- 
13 


98 


nance  Committee  of  the  Board  of  Assistants  was  added  to  the  Com- 
missioa'by  Ordinance  of  January  5,  1833,  1  Pro.  C.  C.  320.  This 
section  is  substantially  the  same  with  ^  2.  Ord.  of  1827. 

§  2.  Any  three  or  more  of  the  persons  named  in  the  first 
section  of  this  tiile,  of  whom  the  Comptroller  shall  be  one, 
shall  be  and  arc  hereby  authorized  to  discharge  the  trust  and 
duties  vested  in  them  by  this  law. 

Note.— The  same  as  §  2,  Ord.  219,  and  last  clause  of  §  2  o/  Ord.  o/1827. 
That  the  Comptroller  shall  be  one  of  the  acting  Commissioners,  as 
contained  in  this  and  other  sections  of  this  ordinance,  was  first  in- 
serted in  the  Ord.  of  1817,  and  has  been  continued  in  all  subsequent 
ones. 

§  3.  All  purchases  to  be  made  of  the  City  Stocks  shall  be 
made  by  or  under  the  direciion  of  the  Commissioners  of  the 
Sinking  Fund,  as  herein  and  hereby  constituted  and  appointed. 

Note. — The  same  as  ^  3,  Ord.  219,  and  is  constructed  from  ^  2,  of  Ord.  of 
1827.  The  designation  "City  Stocks,"  has  been  substituted  for 
« (./ity  Stock,"  so  as  to  embrace  all  the  Pubhc  City  Stocks  or  Funds. 
When  the  Ordinance  of  1834  was  passed,  all  the  City  Stocks  were 
known  as  «  The  New  York  City  Stock." 

§  4.  The  said  Commissioners  shall  invest  all  monies  which 
shall  constitute  the  said  Sinking  Fund,  or  as  much  thereof  as 
they  can,  in  the  purchase  of  stocks  created  by  the  Corpora- 
tion of  the  City  of  New  York,  at  the  market  price,  not  ex- 
ceeding the  par  thereof ;  and  if  at  any  time  such  investments 
cannot  be  made  at  par,  then  the  said  Commissioners  shall  be 
authorized  to  invest  the  said  monies,  or  such  part  thereof  as 
they  may  see  fit,  either  in  the  purchase  of  the  said  stock,  or 
stock  of  the  State  of  New  York,  or  in  the  stock  of  the  Uni- 
ted States,  notwithstanding  such  stocks  may  be  above  the  par 
thereof. 

Note. — The  same  as  J  4  Ord,  220  and  {  3  Ord,  of  1827,  extending  the  sec- 


99 


tion  however,  to  all  stock  created  by  the  Corporation.  By  the  Orel, 
of  1813,  the  Commissioner^  were  authorized  to  invest  in  City  Bank 
Stocks  ;  but  Bank  Stocks  were  left  out  of  the  Ord.  of  1817,  and 
all  subsequent  ones.  Purchases  of  Stock  of  the  State  of  New 
York  was  first  allowed  by  the  Ord.  of  1820.  (See  Ord.  of  1821, 
p.  65) 

§  5.  The  powers  conferred  on  the  said  Commissioners,  in  the 
last  prccednig  section,  shall  be  so  construed  as  to  render  it  impe- 
rative on  the  said  Commissioners,  at  all  times,  to  give  prefer- 
ence to  the  purchase  of  City  Stock,  if  the  same  can  be  pro- 
cured at  a  reasonable  rate. 

Note, — The  same  as  ^  5,  Ord.  220,  and  ^  3  of  Ord.  1827,  extending  it  how- 
ever to  all  the  City  Stocks. 

§  6.  Whenever  the  said  Commissioners  shall  have  invested 
any  part  of  t!ie  said  fund  in  the  {)urchase  of  stock  of  this  State 
or  of  the  I'nitcd  States,  and  shall  at  any  time  thereafter  be  ena- 
bled to  purchase  any  of  the  City  Stocks,  at  such  prices  as  they 
may  judge  best  for  the  public  interest,  they  shall  forthwith, 
sell  and  dispose  of  such  State  or  United  States  Stocks,  and 
invest  the  proceeds  thereof  in  City  Stock,  if,  in  their  opinion, 
such  disposition  would  be  beneficial  to  the  public  interests. 

9 

Note.— The  same  as  ^  6  Ord.  220,  and  Ord.  of  1827,  ^  3,  with  but  shght 
verbal  alterations. 

§  7.  All  monies,  constituting  the  Sinking  Fund,  shall  be  de- 
posited in  the  Treasury  of  the  City,  to  the  credit  of  the  said 
Commissioners,  and  shall  be  kept  separate  and  distinct  from 
the  other  monies  of  the  Corporation. 

iVo^c— The  same  as  ;  7,  Ord.  220,  (Ord.  1817,  ^  4.)  except  that  the  words 
"hereinafter  created,"  after  "Fund,"  are  stricken  out.  These  words 
are  omitted  because  the  Sinking  Fund,  hereinafter  described,  was 
created  principally  by  the  ordinance  of  1813,  and  has  been  from 


100 

time  to  time  increased  since  that  date,  and  is  not  created  by  thii 
ordinance,  and  was  not  created  by  that  under  revision. 

§  8.  The  said  monies,  constituting  the  Sinking  Fund,  shall 
be  drawn,  from  the  Treasury  by  warrant,  signed  by  the  said 
Commissioners,  or  any  three  of  them,  the  Comptroller  being  one^ 
whenever  the  said  monies,  or  any  portion  thereof,  may  be  re- 
quired for  such  purchase  and  investments  as  are  herein  before 
mentioned. 

Same  as  ^  8.    Ord,  220,  §  4.    Ord.  1827. 

§  9.  It  shall  be  the  duty  of  the  Comptroller  of  this  City,  once 
in  every  year,  or  oftener  if  required,  to  render  to  the  Common 
Counctil  a  full  and  exact  report  of  the  proceedings  of  the  Com- 
missioners of  the  Sinking  Fund. 

§  10.  The  said  report  shall  specify  the  disbursements,  pur- 
chases and  sales  made  by  the  said  Commissioners;  the  prices 
at  which,  and  the  parlies  from  whom  such  purchases,  and  to 
whom  such  sales  sliall  have  been  made;  the  aniounts  and  de- 
scriptions of  the  stocks  of  this  city,  purchased  by  the  said  Com- 
missioners ;  the  amount  of,  the  stock  of  this  State,  and  of  the 
United  States,  then  held  by  them  ;  and  the  monies  in  the  City 
Treasury,  to  the  credit  of  the  said  Sinking  Fund. 

^ote. — The  last  two  sections  are  the  same  in  substance  as  ^  9,  10,  Ord.  220, 
221,  but  altered  to  embrace  all  the  City  Stocks. 

§  II.  The  term  "City  Stock,"  used  in  this  title,  shall  be 
construed  to  mean  any  stock  or  fund  created  by  the  Corpora- 
tion of  the  City  of  New  York. 


Note, — This  section  is  new. 


101 


ARTIOLi:  II. 

OF  "THE  SINKING  FUND  OF  THE  CITY  OF  NEW  YORK." 

Note.— By  the  Act  of  8th  June,  1812,  ^  9  (G  Weh.  438,)  the  faith  of  the 
Corporation  is  pledged  for  the  final  redemption  and  payment  of  the 
stock  created  under  that  act,  and'all  the  revenues  of  the  Corpora- 
tion were  pledged  for  payment  of  the  interest.    See  aitte,  p.  66. 

The  several  Acts  of  24th  March,  1820,  28th  March,  1826,  and 
19lh  April,  1828,  above  cited,  (all  of  which  relate  to  "Tlie  New 
York  City  Stock,")  adopt  the  provisions  of  the  Act  of  1812 ;  but 
each  saves  the  prior  liens  of  stockholders  under  the  previous  laws. 
And  the  Act  of  2d  May,  1834,  §  10,  {Laws^  453,)  authorizing  the 
Water  Stock;  and  that  of  6th  May,  1836,  ^3,  (Laivs,  338,)  autho- 
rizing the  PubHc  Building  Stock ;  in  like  manner  adopt  the  Act  of 
1812,  but  without  the  saving  clause  as  to  prior  liens. 

At  the  time  of  the  passage  of  the  ordinance  under  revision,  to 
wit:  11th  February,  1834,  "The  New  Y'ork  City  Stock"  was  the 
only  "  stock  of  the  City  of  New  York"  which  had  then  been  is- 
sued. The  Sinking  Fund,  as  then  established,  stood  pledged  for 
the  redemption  of  that  stock  alone.  But  the  several  ordinances 
creating  the  Water  Stock,  (2  Pro.  C.  C.  ^9,)  the  Fire  Loan  Stock. 
(3  P.  C.  C.  197,  5  20,)  the  Public  Building  Stock,  (4  P.  C.  C. 
47,  5  6,)  declare,  that  this  law,  as  to  the  redemption  of  the  City 
Stock,  so  far  as  the  same  can  be  applied  to  the  several  last  men- 
tioned stocks,  shall  be  appHcable  to  the  same.  Whether  these  ex- 
pressions were  intended  by  the  Common  Council,  to  pledge  the  Sink- 
ing Fund,  as  described  in  the  ordinance  of  1834,  as  well  for  the  re- 
demption of  the  Water  Stock,  the  Fire  Loan  Stock,  and  the  Pub- 
lic Building  Stock,  as  "The  New  York  City  Stock,"  or  only  to  ap- 
ply the  rules  of  this  ordinance  to  the  administration  of  the  Special 
Smking  Funds  created  for  these  new  stocks  respectively,  is  not  free 
from  doubt.  The  reviser  has  chosen  to  consider  the  former  con- 
struction as  the  correct  one,  and  in  the  revision  of  this  ordinance, 
so  to  frame  the  language,  as  to  embrace  all  the  City  Stocks. 
The  liens  of  the  several  stocks  will  then  take  preference,  according 
to  priority  of  dates.  Should  the  construction  of  the  reviser  be  erro- 
neous, the  necessary  amendments  can  be  easUy  made  when  this 
matter  shall  be  considered. 


102 


§  12.  All^ monies  heretofore  received,  and  hereafter  to  be 
received  from  the  foUov^^ing  sources,  are  pledged,  appropri- 
ated and  applied  to,  and  constitute  and  form  a  fund,  called  the 
Sinking  Fund  of  the  City  of  New  York,  until  the  whole  of 
the  present  stocks  of  the  City  of  New  York,  shall  be  finally 
and  fully  redeemed,  namely  : 

Note. — This  section  is  the  same  in  substance  as  p.  1,  Tit.  2.  Ord.  221. 
The  language  is  changed  from  enacting  to  declaratory  language,  for 
the  reasons  before  stated ;  that  the  Sinking  Fund  is  not  now  created, 
but  has  been  long  since  created,  and  all  stockholders  have  existing 
vested  rights  in  it. 

The  word  "present,"  before  "stocks,"  has  been  inserted,  so  as 
to  confine  the  pledge  of  the  Sinking  Fund  to  the  existing  stocks. 

1.  For  commutation  of  quit  rents  on  grants. 

Note. — Prior  to  April  30th,  1827,  the  commutation  of  quit  rents,  on  grants 
prior  to  the  year  1804  only,  were  pledged.  The  ordinance  of  that 
date  extended  the  pledge  as  in  this  subdivision. 

2.  For  quit  rents  arising. from  such  grants  as  were  issued 
prior  to  the  year  one  thousand  eight  hundred  and  four. 

8.  For  licences  to  pawnbrokers  and  dealers  in  the  purchase 
or  sale  of  second-hand  furniture,  metals  or  clothes. 

4.  For  hackney  coach  licences  and  for  street  vaults. 

5.  For  market  fees  and  market  rents. 

6.  The  nelt  proceeds  of  all  sales  of  real  estate  which  be- 
longed to  the  Corporation  on  the  first  day  of  January,  eigh- 
teen hundred  and  twenty-five,  and  sold  since  that  date,  or  here- 
after to  be  sold. 

Note. — The  above  subdivisions,  from  the  2d  to  the  6th  inclusive,  are  the  same 
in  substance  as  Ordinance  221.  By  the  Ordinance  of  August  9,  1813, 
« twenty-five  per  cent,  on  the  nett  proceeds  of  all  sales  of  real  estate 
belonging  to  this  Corporation,  and  hereafter  sold,"  namely,  after  the 
9th  of  August,  1813,  were  "  firmly  and  inviolaby  pledged"  to  the  re- 
demptionof  the  City  Stock.  The  same  language  was  adopted  in  the 
revision  of  the  5th  of  May,  1817,  $  1.  In  the  Ordinance  of  the  Uth 
December,  1820,  Ed.oi  1821,  the  language  "  twenty-five  per  cent. 


103 


on  the  nett  proceeds  of  all  sales  of  real  estate,  which  belonged  to 
this  Corporation  on  the  5th  of  May,  1817,  and  hereafter  to  be  sold," 
was  adopted,  and  was  continued  until  the  revision  of  the  ;30th  of 
April,  1827,  at  which  time  the  language  of  the  6th  subdivision  of 
the  section  now  under  examination  was  adopted.  The  stock  of 
1820  was  taken  under  the  ordinance  of  5th  May,  1817.  The 
pledges  of  that  Ordinance  are  therefore  still  in  force  ;  and  as  the 
ordinance  under  revision  ought  to  declare  all  the  funds  which  are 
pledged  to  tho  Sinking  Fund,  the  following  subdivision  is  respect- 
fully submitted : 

7.  Twenty-five  per  cent,  on  the  nett  proceeds  of  all  sales 
of  real  estate  belonging  to  the  Corporation  on  the  filth  day  of 
May,  18 17,  and  sold  before  the  first  day  of  January,  1825. 

8.  And  all  such  other  sources  of  revenue  or  sums  of  money 
as  the  said  Corporation  shall  hereafter  think  proper  to  appro- 
priate to  the  said  fund. 

Note. — The  same  as  the  7th  subdivision,      1  Ord.  221. 

§  13.  All  revenue  to  be  received  for  water,  to  be  procured 

by  the  works  for  supplying  the  City  of  New  York  with  pure 

and  wholesome  water,  and  furnished  to  the  inhabitants  of  said 

city  is  especially  pledged  and  appropriated  as  a  Sinking  Fund 

towards  the  redemption  of  "the  Water  Stock  of  the  City  of 

New  York.^' 
# 

Noie.—Uke  ^  9,  of  Ord.  of  May  7th,  1835.   2  Pro.  cc.  402. 

§  14.  The  faith  and  property  of  the  City  of  New  York,  and 
the  proceeds  of  all  bonds  and  mortgages  which  may  have  been 
or  shall  be  purchased  in  pursuance  of  the  ordinance  creating 
'*  The  Fire  Loan  Stock  of  the  City  of  New  York,"  passed 
February  16lh,  1836,  are  pledged  for  the  redemption  of  the 
said  stock  or  loan. 

iVote.— The  same  in  substance  as  \  6  Ord.  of  16th  Feb.  1836.  3  Pro.  cc. 
192.  See  also  \  16  and  20  of  same  Ordinance,  AnLe  pa,  And 
\  11  Ordinance  of  March  3d,  1836.  3  Pro.  cc.  213,  anLe  pa.  88. 


104 


§  15.  The  buildings  included  in  the  estabhshnnent  called  the 
Alnns  Mouse  at  Bellevuc,  together  with  all  the  lots  of  land, 
and  water  rights  attached  thereto,  except  such  water  rights 
and  lots  as  the  Corporation  of  the  City  may  reserve  for  public 
purposes,  are  pledged  for  the  paynnent  of  "  The  Public  Build- 
ing Stock  of  the  City  of  New  York,"  and  whenever  any  of 
the  said  buildings,  lots,  or  water  rights  shall  be  sold,  leased  or 
rented,  the  proceeds  and  the  revenue  accruing  the refronn,  must 
be  applied  to  tlie  payment  of  the  principal  and  interest  of  said 
debt. 

Note.— The  same  as"  ^  5  of  Act  of  May  6th,  1836,  (Laivs^  339)  with  such 
alterations  of  language  as  to  make  the  section  declaratory  only  of 
the  existing  law. 

§  IG.  All  stock  of  this  state  or  United  States  Stock,  which 
shall  be  purchased  by  the  Commissioners  of  the  Sinking  Fund, 
shall  be  transferred  to  the  said  Commissioners,  and  all  trans- 
fers of  the  said  stock  of  this  state  or  United  States  Stock,  when 
sold  and  disposed  of  pursuant  to  the  provisions  of  this  ordi- 
nance, shall  be  made  by  the  said  Commissioners  or  any  three 
of  them,  of  whom  the  Comptroller  shall  be  one. 

§  17.  The  City  Stock  which  shall  be  purchased  by  the  said 
Commissioners,  shall  be  transferred  to  them,  and  shall  be  held 
by  them  until  the  final  redemption  thereof;  and  the  interest  of 
the  stock  so  purchased  shall,  at  each  quarterly  payment  there- 
of, be  regularly  carried  to  the  credit  of  the  said  Sinking  Fund. 

§  18.  Tiiat  portion  of  the  fund  mentioned  in  the  last  preced- 
ing section  of  this  title  shall  be  used  and  em[)lo\  ed  by  the  said 
Commissioners,  in  like  manner  as  the  other  monies  constituting 
and  forming  the  said  fund,  as  also  the  interest  which  may  from 
time  to  time  accrue,  or  be  made  on  any  United  States  Stock, 
or  stock  of  this  state,  purchased  and  held  by  the  said  Commis- 
sioners by  virtue  of  this  law. 

JVbte^The  three  last  sections  are  the  same  as  ^  2,  3,  and  4  of  Ord.  221, 
222,  and  Ord.  of  1827,  §  5, 6. 


TITLE  IL 


A  Law  to  amend  "  A  Law  making  provision  for  the  re- 
demption  of  the  City  StockJ^ 

Note* — The  Ordinance  of  March  4th,  1834,  under  the  above  title,  is  still  in 
force,  the  debt  to  which  it  relates,  not  being  extinguished.  There 
seems  to  be  no  proper  place  for  it.  The  markets  mentioned  in  it, 
are  not  by  virtue  of  tliis  ordinance  made  part  of  the  Sinking  Fund, 
but  are  pledged  to  the  Sinldng  Fund,  as  a  security  for  a  loan  from 
that  fund  made  to  the  Corporation.  The  reviser  has  therefore  made 
a  title  of  it  under  the  general  head  of  "  City  Debts." 

The  Mayor,  Aldermen  and  Commonalty  of  the  City  of  New 
York,  in  Common  Council  convened,  do  ordain  as  follows : 

§  1.  The  Commissioners  of  the  Sinking  Fund  are  hereby 
authorized  to  invest  so  much  as  may  be  necessary  of  the  ba- 
lance of  the  said  fund,  standing  to  their  credit,  or  which  may 
hereafter  stand  to  their  credit  on  the  books  of  the  Comptroller, 
in  tHe  purchase  of  a  piece  of  land  in  the  Eleventh  Ward,  be- 
tween North  and  Second  streets,  and  in  the  purchase  of  the 
land  for  extending  and  improving  the  Grand  street,  Essex, 
and  Centre  Markets  ;  and  the  whole  of  the  rents,  fees,  and  in- 
come of  the  said  markets  in  their  improved  state,  and  the  land 
thus  purchased,  is  hereby  appropriated  and  pledged  for  the 
payment  of  the  principal  and  interest  of  the  sum  that  shall  be 
thus  drawn  from  the  said  fund. 

Passed  by  the  Board  of  Assistants,  February  24,  1834. 
Passed  by  the  Board  of  Aldermen,  March  3,  1834. 
Approved  by  the  Mayor,  March  4,  1834. 


14 


